Bill Text: CA AB2035 | 2013-2014 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Sexually exploited and trafficked minors.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Vetoed) 2014-09-29 - Vetoed by Governor. [AB2035 Detail]
Download: California-2013-AB2035-Amended.html
Bill Title: Sexually exploited and trafficked minors.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Vetoed) 2014-09-29 - Vetoed by Governor. [AB2035 Detail]
Download: California-2013-AB2035-Amended.html
BILL NUMBER: AB 2035 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 21, 2014
INTRODUCED BY Assembly Member Chesbro
FEBRUARY 20, 2014
An act to amend Section 6217 of the Public Resources
Code, relating to state lands. Sections 1522.41 and
1529.2 of the Health and Safety Code, and to amend Sections 300,
16003, and 16540 of, and to add Chapter 4 (commencing with Section
2200) to Division 2.5 of, the Welfa re and Institutions
Code, relating to minors.
LEGISLATIVE COUNSEL'S DIGEST
AB 2035, as amended, Chesbro. State lands: revenue.
Sexually exploited and trafficked minors.
Existing law provides that a child may come within the
jurisdiction of the juvenile court and become a dependent child of
the court in certain cases, including when the child is abused, a
parent or guardian fails to adequately supervise or protect the
child, as specified, or a parent or guardian fails to provide the
child with adequate food, clothing, shelter, or medical treatment.
This bill, in addition, would provide that a minor may come within
the jurisdiction of the juvenile court and become a dependent child
of the court if the minor is a victim of human trafficking or sexual
exploitation, or received food or shelter in exchange for, or was
paid to perform, sexual acts, and the parent or guardian failed or
was unable to protect the child.
This bill would enact the State Plan to Serve and Protect Sexually
Exploited and Trafficked Minors, and would require the California
Health and Human Services Agency to, no later than January 30, 2015,
convene an interagency workgroup, as prescribed, to develop the plan.
The bill would require the plan to include, among other things, at a
minimum, an evaluation of juvenile court jurisdiction pertaining to
child trafficking, and the identification of training needs for child
welfare staff, law enforcement, and probation staff regarding child
trafficking response protocols. The bill would require the workgroup
to submit the plan to the Legislature, Judicial Council, and Governor
no later than January 30, 2016.
Existing law establishes the California Child Welfare Council,
which serves as the advisory body responsible for improving the
collaboration and processes of the multiple agencies and courts that
serve children and youth in the child welfare and foster care
systems.
This bill would require the California Child Welfare Council to
provide recommendations and updates to the State Plan to Serve and
Protect Sexually Exploited and Trafficked Minors.
Existing law, the California Community Care Facilities Act,
requires the State Department of Social Services to license and
regulate community care facilities, including foster family agencies
and other facilities that provide foster care services for children.
Existing law requires the department to develop, and an administrator
of a group home facility to complete, a certification program that
includes training in various areas. Existing law requires a foster
family agency to provide, and a licensed foster parent to complete,
prescribed preplacement training and additional annual training.
Existing law requires a community college district with a foster care
education program to make orientation and training available to a
relative or nonrelative extended family member caregiver of a foster
child, as specified.
This bill would require the training for an administrator of a
group home facility, licensed foster parent, or relative or
nonrelative extended family member caregiver to include instruction
on cultural competency and sensitivity relating to, and best
practices for, providing adequate care to a sexually exploited and
trafficked minor in out-of-home care. By expanding the duties of
community college districts, 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 these
statutory provisions.
Existing law requires the State Lands Commission to deposit in the
General Fund all revenue, money, and remittances received by the
commission, with the exception of revenue derived from state school
lands and other specified sources. Existing law requires that the
moneys be made available each fiscal year for specified purposes,
including refunds, commission expenses, and payments to cities and
counties.
This bill would require that an unspecified amount of those moneys
be made available for deposit into the State Coastal Conservancy
Fund, out of an appropriation for that purpose, for expenditure for
the preservation and protection of coastal lands.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1522.41 of the
Health and Safety Code is amended to read:
1522.41. (a) The director, in consultation and collaboration with
county placement officials, group home provider organizations, the
Director of Health Care Services, and the Director of Developmental
Services, shall develop and establish a certification program to
ensure that administrators of group home facilities have appropriate
training to provide the care and services for which a license or
certificate is issued.
(b) (1) In addition to any other requirements or qualifications
required by the department, an administrator of a group home facility
shall successfully complete a department-approved certification
program, pursuant to subdivision (c), prior to employment. An
administrator employed in a group home on the effective date of this
section shall meet the requirements of paragraph (2) of subdivision
(c).
(2) In those cases where the individual is both the licensee and
the administrator of a facility, the individual shall comply with all
of the licensee and administrator requirements of this section.
(3) Failure to comply with this section shall constitute cause for
revocation of the license of the facility.
(4) The licensee shall notify the department within 10 days of any
change in administrators.
(c) (1) The administrator certification programs shall require a
minimum of 40 hours of classroom instruction that provides training
on a uniform core of knowledge in each of the following areas:
(A) Laws, regulations, and policies and procedural standards that
impact the operations of the type of facility for which the applicant
will be an administrator.
(B) Business operations.
(C) Management and supervision of staff.
(D) Psychosocial and educational needs of the facility residents.
(E) Community and support services.
(F) Physical needs for facility residents.
(G) Administration, storage, misuse, and interaction of medication
used by facility residents.
(H) Resident admission, retention, and assessment procedures,
including the right of a foster child to have fair and equal access
to all available services, placement, care, treatment, and benefits,
and to not be subjected to discrimination or harassment on the basis
of actual or perceived race, ethnic group identification, ancestry,
national origin, color, religion, sex, sexual orientation, gender
identity, mental or physical disability, or HIV status.
(I) Instruction on cultural competency and sensitivity relating
to, and best practices for, providing adequate care to lesbian, gay,
bisexual, and transgender youth in out-of-home care.
(J) Instruction on cultural competency and sensitivity relating
to, and best practices for, providing adequate care to a sexually
exploited and trafficked minor in out-of-home care.
(J)
(K) Nonviolent emergency intervention and reporting
requirements.
(K)
(L) Basic instruction on the existing laws and
procedures regarding the safety of foster youth at school and the
ensuring of a harassment- and violence-free school environment
contained in the School Safety and Violence Prevention Act (Article
3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of
Division 1 of Title 1 of the Education Code).
(2) The department shall adopt separate program requirements for
initial certification for persons who are employed as group home
administrators on the effective date of this section. A person
employed as an administrator of a group home facility on the
effective date of this section shall obtain a certificate by
completing the training and testing requirements imposed by the
department within 12 months of the effective date of the regulations
implementing this section. After the effective date of this section,
these administrators shall meet the requirements imposed by the
department on all other group home administrators for certificate
renewal.
(3) Individuals applying for certification under this section
shall successfully complete an approved certification program, pass a
written test administered by the department within 60 days of
completing the program, and submit to the department the
documentation required by subdivision (d) within 30 days after being
notified of having passed the test. The department may extend these
time deadlines for good cause. The department shall notify the
applicant of his or her test results within 30 days of administering
the test.
(d) The department shall not begin the process of issuing a
certificate until receipt of all of the following:
(1) A certificate of completion of the administrator training
required pursuant to this chapter.
(2) The fee required for issuance of the certificate. A fee of one
hundred dollars ($100) shall be charged by the department to cover
the costs of processing the application for certification.
(3) Documentation from the applicant that he or she has passed the
written test.
(4) Submission of fingerprints pursuant to Section 1522. The
department may waive the submission for those persons who have a
current clearance on file.
(5) That person is at least 21 years of age.
(e) It shall be unlawful for any person not certified under this
section to hold himself or herself out as a certified administrator
of a group home facility. Any person willfully making any false
representation as being a certified administrator or facility manager
is guilty of a misdemeanor.
(f) (1) Certificates issued under this section shall be renewed
every two years and renewal shall be conditional upon the certificate
holder submitting documentation of completion of 40 hours of
continuing education related to the core of knowledge specified in
subdivision (c). No more than one-half of the required 40 hours of
continuing education necessary to renew the certificate may be
satisfied through online courses. All other continuing education
hours shall be completed in a classroom setting. For purposes of this
section, an individual who is a group home facility administrator
and who is required to complete the continuing education hours
required by the regulations of the State Department of Developmental
Services, and approved by the regional center, may have up to 24 of
the required continuing education course hours credited toward the
40-hour continuing education requirement of this section. Community
college course hours approved by the regional centers shall be
accepted by the department for certification.
(2) Every administrator of a group home facility shall complete
the continuing education requirements of this subdivision.
(3) Certificates issued under this section shall expire every two
years on the anniversary date of the initial issuance of the
certificate, except that any administrator receiving his or her
initial certification on or after July 1, 1999, shall make an
irrevocable election to have his or her recertification date for any
subsequent recertification either on the date two years from the date
of issuance of the certificate or on the individual's birthday
during the second calendar year following certification. The
department shall send a renewal notice to the certificate holder 90
days prior to the expiration date of the certificate. If the
certificate is not renewed prior to its expiration date,
reinstatement shall only be permitted after the certificate holder
has paid a delinquency fee equal to three times the renewal fee and
has provided evidence of completion of the continuing education
required.
(4) To renew a certificate, the certificate holder shall, on or
before the certificate expiration date, request renewal by submitting
to the department documentation of completion of the required
continuing education courses and pay the renewal fee of one hundred
dollars ($100), irrespective of receipt of the department's
notification of the renewal. A renewal request postmarked on or
before the expiration of the certificate shall be proof of compliance
with this paragraph.
(5) A suspended or revoked certificate shall be subject to
expiration as provided for in this section. If reinstatement of the
certificate is approved by the department, the certificate holder, as
a condition precedent to reinstatement, shall submit proof of
compliance with paragraphs (1) and (2) of subdivision (f)
, and shall pay a fee in an amount equal to the renewal
fee, plus the delinquency fee, if any, accrued at the time of its
revocation or suspension. Delinquency fees, if any, accrued
subsequent to the time of its revocation or suspension and prior to
an order for reinstatement, shall be waived for a period of 12 months
to allow the individual sufficient time to complete the required
continuing education units and to submit the required documentation.
Individuals whose certificates will expire within 90 days after the
order for reinstatement may be granted a three-month extension to
renew their certificates during which time the delinquency fees shall
not accrue.
(6) A certificate that is not renewed within four years after its
expiration shall not be renewed, restored, reissued, or reinstated
except upon completion of a certification training program, passing
any test that may be required of an applicant for a new certificate
at that time, and paying the appropriate fees provided for in this
section.
(7) A fee of twenty-five dollars ($25) shall be charged for the
reissuance of a lost certificate.
(8) A certificate holder shall inform the department of his or her
employment status and change of mailing address within 30 days of
any change.
(g) Unless otherwise ordered by the department, the certificate
shall be considered forfeited under either of the following
conditions:
(1) The department has revoked any license held by the
administrator after the department issued the certificate.
(2) The department has issued an exclusion order against the
administrator pursuant to Section 1558, 1568.092, 1569.58, or
1596.8897, after the department issued the certificate, and the
administrator did not appeal the exclusion order or, after the
appeal, the department issued a decision and order that upheld the
exclusion order.
(h) (1) The department, in consultation and collaboration with
county placement officials, provider organizations, the State
Department of Health Care Services, and the State Department of
Developmental Services, shall establish, by regulation, the program
content, the testing instrument, the process for approving
certification training programs, and criteria to be used in
authorizing individuals, organizations, or educational institutions
to conduct certification training programs and continuing education
courses. The department may also grant continuing education hours for
continuing courses offered by accredited educational institutions
that are consistent with the requirements in this section. The
department may deny vendor approval to any agency or person in any of
the following circumstances:
(A) The applicant has not provided the department with evidence
satisfactory to the department of the ability of the applicant to
satisfy the requirements of vendorization set out in the regulations
adopted by the department pursuant to subdivision (j).
(B) The applicant person or agency has a conflict of interest in
that the person or agency places its clients in group home
facilities.
(C) The applicant public or private agency has a conflict of
interest in that the agency is mandated to place clients in group
homes and to pay directly for the services. The department may deny
vendorization to this type of agency only as long as there are other
vendor programs available to conduct the certification training
programs and conduct education courses.
(2) The department may authorize vendors to conduct the
administrator's certification training program pursuant to this
section. The department shall conduct the written test pursuant to
regulations adopted by the department.
(3) The department shall prepare and maintain an updated list of
approved training vendors.
(4) The department may inspect certification training programs and
continuing education courses, including online courses, at no charge
to the department, to determine if content and teaching methods
comply with regulations. If the department determines that any vendor
is not complying with the requirements of this section, the
department shall take appropriate action to bring the program into
compliance, which may include removing the vendor from the approved
list.
(5) The department shall establish reasonable procedures and
timeframes not to exceed 30 days for the approval of vendor training
programs.
(6) The department may charge a reasonable fee, not to exceed one
hundred fifty dollars ($150) every two years, to certification
program vendors for review and approval of the initial 40-hour
training program pursuant to subdivision (c). The department may also
charge the vendor a fee, not to exceed one hundred dollars ($100)
every two years, for the review and approval of the continuing
education courses needed for recertification pursuant to this
subdivision.
(7) (A) A vendor of online programs for continuing education shall
ensure that each online course contains all of the following:
(i) An interactive portion in which the participant receives
feedback, through online communication, based on input from the
participant.
(ii) Required use of a personal identification number or personal
identification information to confirm the identity of the
participant.
(iii) A final screen displaying a printable statement, to be
signed by the participant, certifying that the identified participant
completed the course. The vendor shall obtain a copy of the final
screen statement with the original signature of the participant prior
to the issuance of a certificate of completion. The signed statement
of completion shall be maintained by the vendor for a period of
three years and be available to the department upon demand. Any
person who certifies as true any material matter pursuant to this
clause that he or she knows to be false is guilty of a misdemeanor.
(B) Nothing in this subdivision shall prohibit the department from
approving online programs for continuing education that do not meet
the requirements of subparagraph (A) if the vendor demonstrates to
the department's satisfaction that, through advanced technology, the
course and the course delivery meet the requirements of this section.
(i) The department shall establish a registry for holders of
certificates that shall include, at a minimum, information on
employment status and criminal record clearance.
(j) Subdivisions (b) to (i), inclusive, shall be implemented upon
regulations being adopted by the department, by January 1, 2000.
(k) Notwithstanding any provision of law to the contrary, vendors
approved by the department who exclusively provide either initial or
continuing education courses for certification of administrators of a
group home facility as defined by regulations of the department, an
adult residential facility as defined by regulations of the
department, or a residential care facility for the elderly as defined
in subdivision (k) of Section 1569.2, shall be regulated solely by
the department pursuant to this chapter. No other state or local
governmental entity shall be responsible for regulating the activity
of those vendors.
SEC. 2. Section 1529.2 of the Health
and Safety Code is amended to read:
1529.2. (a) In addition to the foster parent training provided by
community colleges, foster family agencies shall provide a program
of training for their certified foster families.
(b) (1) Every licensed foster parent shall complete a minimum of
12 hours of foster parent training, as prescribed in paragraph (3),
before the placement of any foster children with the foster parent.
In addition, a foster parent shall complete a minimum of eight hours
of foster parent training annually, as prescribed in paragraph (4).
No child shall be placed in a foster family home unless these
requirements are met by the persons in the home who are serving as
the foster parents.
(2) (A) Upon the request of the foster parent for a hardship
waiver from the postplacement training requirement or a request for
an extension of the deadline, the county may, at its option, on a
case-by-case basis, waive the postplacement training requirement or
extend any established deadline for a period not to exceed one year,
if the postplacement training requirement presents a severe and
unavoidable obstacle to continuing as a foster parent. Obstacles for
which a county may grant a hardship waiver or extension are:
(i) Lack of access to training due to the cost or travel required.
(ii) Family emergency.
(B) Before a waiver or extension may be granted, the foster parent
should explore the opportunity of receiving training by video or
written materials.
(3) The initial preplacement training shall include, but not be
limited to, training courses that cover all of the following:
(A) An overview of the child protective system.
(B) The effects of child abuse and neglect on child development.
(C) Positive discipline and the importance of self-esteem.
(D) Health issues in foster care.
(E) Accessing education and health services available to foster
children.
(F) The right of a foster child to have fair and equal access to
all available services, placement, care, treatment, and benefits, and
to not be subjected to discrimination or harassment on the basis of
actual or perceived race, ethnic group identification, ancestry,
national origin, color, religion, sex, sexual orientation, gender
identity, mental or physical disability, or HIV status.
(G) Instruction on cultural competency and sensitivity relating
to, and best practices for, providing adequate care to lesbian, gay,
bisexual, and transgender youth in out-of-home care.
(H) Instruction on cultural competency and sensitivity relating
to, and best practices for, providing adequate care to a sexually
exploited and trafficked minor in out-of-home care.
(H)
(I) Basic instruction on the existing laws and
procedures regarding the safety of foster youth at school and the
ensuring of a harassment and violence free school environment
contained in the California Student Safety and
Violence Prevention Act of 2000 (Article 3.6
(commencing with Section 32228) of Chapter 2 of Part 19 of Division 1
of Title 1 of the Education Code).
(4) The postplacement annual training shall include, but not be
limited to, training courses that cover all of the following:
(A) Age-appropriate child development.
(B) Health issues in foster care.
(C) Positive discipline and the importance of self-esteem.
(D) Emancipation and independent living skills if a foster parent
is caring for youth.
(E) The right of a foster child to have fair and equal access to
all available services, placement, care, treatment, and benefits, and
to not be subjected to discrimination or harassment on the basis of
actual or perceived race, ethnic group identification, ancestry,
national origin, color, religion, sex, sexual orientation, gender
identity, mental or physical disability, or HIV status.
(F) Instruction on cultural competency and sensitivity relating
to, and best practices for, providing adequate care to lesbian, gay,
bisexual, and transgender youth in out-of-home care.
(G) Instruction on cultural competency and sensitivity relating
to, and best practices for, providing adequate care to a sexually
exploited and trafficked minor in out-of-home care.
(5) Foster parent training may be attained through a variety of
sources, including community colleges, counties, hospitals, foster
parent associations, the California State Foster Parent Association's
Conference, adult schools, and certified foster parent instructors.
(6) A candidate for placement of foster children shall submit a
certificate of training to document completion of the training
requirements. The certificate shall be submitted with the initial
consideration for placements and provided at the time of the annual
visit by the licensing agency thereafter.
(c) Nothing in this section shall preclude a county from requiring
county-provided preplacement or postplacement foster parent training
in excess of the requirements in this section.
SEC. 3. Section 300 of the Welfare and
Institutions Code is amended to read:
300. Any child who comes within any of the following descriptions
is within the jurisdiction of the juvenile court which may adjudge
that person to be a dependent child of the court:
(a) The child has suffered, or there is a substantial risk that
the child will suffer, serious physical harm inflicted
nonaccidentally upon the child by the child's parent or guardian. For
the purposes of this subdivision, a court may find there is a
substantial risk of serious future injury based on the manner in
which a less serious injury was inflicted, a history of repeated
inflictions of injuries on the child or the child's siblings, or a
combination of these and other actions by the parent or guardian
which indicate the child is at risk of serious physical harm. For
purposes of this subdivision, "serious physical harm" does not
include reasonable and age-appropriate spanking to the buttocks where
there is no evidence of serious physical injury.
(b) The child has suffered, or there is a substantial risk that
the child will suffer, serious physical harm or illness, as a result
of the failure or inability of his or her parent or guardian to
adequately supervise or protect the child, or the willful or
negligent failure of the child's parent or guardian to adequately
supervise or protect the child from the conduct of the custodian with
whom the child has been left, or by the willful or negligent failure
of the parent or guardian to provide the child with adequate food,
clothing, shelter, or medical treatment, or by the inability of the
parent or guardian to provide regular care for the child due to the
parent's or guardian's mental illness, developmental disability, or
substance abuse. No child shall be found to be a person described by
this subdivision solely due to the lack of an emergency shelter for
the family. Whenever it is alleged that a child comes within the
jurisdiction of the court on the basis of the parent's or guardian's
willful failure to provide adequate medical treatment or specific
decision to provide spiritual treatment through prayer, the court
shall give deference to the parent's or guardian's medical treatment,
nontreatment, or spiritual treatment through prayer alone in
accordance with the tenets and practices of a recognized church or
religious denomination, by an accredited practitioner thereof, and
shall not assume jurisdiction unless necessary to protect the child
from suffering serious physical harm or illness. In making its
determination, the court shall consider (1) the nature of the
treatment proposed by the parent or guardian, (2) the risks to the
child posed by the course of treatment or nontreatment proposed by
the parent or guardian, (3) the risk, if any, of the course of
treatment being proposed by the petitioning agency, and (4) the
likely success of the courses of treatment or nontreatment proposed
by the parent or guardian and agency. The child shall continue to be
a dependent child pursuant to this subdivision only so long as is
necessary to protect the child from risk of suffering serious
physical harm or illness.
(c) The child is suffering serious emotional damage, or is at
substantial risk of suffering serious emotional damage, evidenced by
severe anxiety, depression, withdrawal, or untoward aggressive
behavior toward self or others, as a result of the conduct of the
parent or guardian or who has no parent or guardian capable of
providing appropriate care. No child shall be found to be a person
described by this subdivision if the willful failure of the parent or
guardian to provide adequate mental health treatment is based on a
sincerely held religious belief and if a less intrusive judicial
intervention is available.
(d) The child has been sexually abused, or there is a substantial
risk that the child will be sexually abused, as defined in Section
11165.1 of the Penal Code, by his or her parent or guardian or a
member of his or her household, or the parent or guardian has failed
to adequately protect the child from sexual abuse when the parent or
guardian knew or reasonably should have known that the child was in
danger of sexual abuse.
(e) The child is under the age of five years
of age and has suffered severe physical abuse by a parent,
or by any person known by the parent, if the parent knew or
reasonably should have known that the person was physically abusing
the child. For the purposes of this subdivision, "severe physical
abuse" means any of the following: any single act of abuse which
causes physical trauma of sufficient severity that, if left
untreated, would cause permanent physical disfigurement, permanent
physical disability, or death; any single act of sexual abuse which
causes significant bleeding, deep bruising, or significant external
or internal swelling; or more than one act of physical abuse, each of
which causes bleeding, deep bruising, significant external or
internal swelling, bone fracture, or unconsciousness; or the willful,
prolonged failure to provide adequate food. A child may not be
removed from the physical custody of his or her parent or guardian on
the basis of a finding of severe physical abuse unless the social
worker has made an allegation of severe physical abuse pursuant to
Section 332.
(f) The child's parent or guardian caused the death of another
child through abuse or neglect.
(g) The child has been left without any provision for support;
physical custody of the child has been voluntarily surrendered
pursuant to Section 1255.7 of the Health and Safety Code and the
child has not been reclaimed within the 14-day period specified in
subdivision (e) (g) of that section;
the child's parent has been incarcerated or institutionalized and
cannot arrange for the care of the child; or a relative or other
adult custodian with whom the child resides or has been left is
unwilling or unable to provide care or support for the child, the
whereabouts of the parent are unknown, and reasonable efforts to
locate the parent have been unsuccessful.
(h) The child has been freed for adoption by one or both
parents for 12 months by either relinquishment or termination of
parental rights or an adoption petition has not been granted.
(i) The child has been subjected to an act or acts of cruelty by
the parent or guardian or a member of his or her household, or the
parent or guardian has failed to adequately protect the child from an
act or acts of cruelty when the parent or guardian knew or
reasonably should have known that the child was in danger of being
subjected to an act or acts of cruelty.
(j) The child's sibling has been abused or neglected, as defined
in subdivision (a), (b), (d), (e), or (i), and there is a substantial
risk that the child will be abused or neglected, as defined in those
subdivisions. The court shall consider the circumstances surrounding
the abuse or neglect of the sibling, the age and gender of each
child, the nature of the abuse or neglect of the sibling, the mental
condition of the parent or guardian, and any other factors the court
considers probative in determining whether there is a substantial
risk to the child.
(k) The child is a victim of human trafficking, as described in
Section 236.1 of the Penal Code, is a victim of sexual exploitation,
as described in Section 11165.1 of the Penal Code, or receives food
or shelter in exchange for, or is paid to perform, sexual acts
described in Section 236.1 or 11165.1 of the Penal Code, and the
parent or guardian failed or was unable to protect the child.
It is the intent of the Legislature that nothing in this section
disrupt the family unnecessarily or intrude inappropriately into
family life, prohibit the use of reasonable methods of parental
discipline, or prescribe a particular method of parenting. Further,
nothing in this section is intended to limit the offering of
voluntary services to those families in need of assistance but who do
not come within the descriptions of this section. To the extent that
savings accrue to the state from child welfare services funding
obtained as a result of the enactment of the act that enacted this
section, those savings shall be used to promote services which
support family maintenance and family reunification plans, such as
client transportation, out-of-home respite care, parenting training,
and the provision of temporary or emergency in-home caretakers and
persons teaching and demonstrating homemaking skills. The Legislature
further declares that a physical disability, such as blindness or
deafness, is no bar to the raising of happy and well-adjusted
children and that a court's determination pursuant to this section
shall center upon whether a parent's disability prevents him or her
from exercising care and control. The Legislature further declares
that a child whose parent has been adjudged a dependent child of the
court pursuant to this section shall not be considered to be at risk
of abuse or neglect solely because of the age, dependent status, or
foster care status of the parent.
As used in this section, "guardian" means the legal guardian of
the child.
SEC. 4. Chapter 4 (commencing with Section 2200)
is added to Division 2.5 of the Welfare and Institutions
Code , to read:
CHAPTER 4. STATE PLAN TO SERVE AND PROTECT SEXUALLY EXPLOITED
AND TRAFFICKED MINORS
2200. This chapter shall be known, and may be cited, as the State
Plan to Serve and Protect Sexually Exploited and Trafficked Minors.
2201. (a) The purpose of this chapter is to establish the
framework for a coordinated effort and plan to serve and protect
sexually exploited and trafficked minors.
(b) The California Health and Human Services Agency shall, no
later than January 30, 2015, convene an interagency workgroup, in
accordance with Section 2202, in consultation with the California
Child Welfare Council created by Section 16540, for this purpose.
(c) For purposes of this chapter, "child trafficking victim" means
an individual under 18 years of age who meets any of the following
conditions:
(1) Is a victim of human trafficking, as defined in Section 236.1
of the Penal Code.
(2) Is involved in prostitution, pornography, or stripping.
(3) Is engaged in survival sex, which is the exchange of sex for
money or other consideration, including food or shelter, in order to
ensure his or her survival.
2202. (a) The interagency workgroup shall be comprised of
representatives from the State Department of Health Care Services,
the Children and Family Services Division of the State Department of
Social Services, the Division of Juvenile Justice in the Department
of Corrections and Rehabilitation, and the State Department of
Education, and shall include a broad spectrum of stakeholders who are
responsible for addressing the needs of this population, including,
but not limited to, local government agencies, human trafficking
service providers, the California Mental Health Directors
Association, county probation officers, the County Welfare Directors
Association of California, youth advocates, court representatives,
and human trafficking survivors.
(b) The workgroup shall conduct a thorough review of existing
programs and services for child trafficking victims to identify areas
of need. The workgroup shall develop strategies and recommendations
for policies, interagency response protocols, and services that will
ensure that child trafficking victims have access to the services and
supports needed for their safety and recovery.
(c) The workgroup shall develop a comprehensive state plan to
serve and protect sexually exploited and trafficked minors, including
recommendations and a timeline for implementation. The plan shall
include, at a minimum, all of the following:
(1) An evaluation of juvenile court jurisdiction pertaining to
child trafficking, including the adequacy of existing jurisdictional
statuses under Sections 241.1, 300, 601, and 602, and recommendations
for necessary changes.
(2) A multiagency-coordinated child trafficking response protocol
and guidelines for local implementation that addresses
identification, screening, assessment, immediate and safe shelter,
and clear lines of ongoing responsibility to ensure that child
trafficking victims have access to the necessary continuum of
treatment options, as determined by the workgroup.
(3) Whether new specialized services and programs are needed to
ensure that child trafficking victims have access to safe and
appropriate services, the identification of funding sources and a
timeline for the creation of those services and programs.
(4) The identification of training needs for child welfare staff,
law enforcement, and probation staff regarding child trafficking
response protocols, and a plan and timeline to implement necessary
training.
(5) The development of data collection and sharing protocols among
agencies.
(d) In developing the plan, the workgroup shall consider both of
the following:
(1) Existing laws and practices in other states and jurisdictions
that have developed response protocols and policies to respond to
sexual exploitation of minors and child trafficking, and the outcomes
and unintended consequences of those protocols and policies.
(2) The adequacy of existing response protocols and services,
including identification, screening, assessment, immediate and safe
shelter, and the range of treatment options for child trafficking
victims.
(e) The workgroup, in collaboration with the Child Welfare
Council, shall submit the plan, including implementation
recommendations, and a timeline, to the Legislature, Judicial
Council, and the Governor, no later than January 30, 2016.
(f) Reports submitted to the Legislature pursuant to this section
shall be submitted in compliance with Section 9795 of the Government
Code.
SEC. 5. Section 16003 of the Welfare
and Institutions Code is amended to read:
16003. (a) In order to promote the successful implementation of
the statutory preference for foster care placement with a relative
caretaker as set forth in Section 7950 of the Family Code, each
community college district with a foster care education program shall
make available orientation and training to the relative or
nonrelative extended family member caregiver into whose care the
county has placed a foster child pursuant to Section 1529.2 of the
Health and Safety Code, including, but not limited to, courses that
cover the following:
(1) The role, rights, and responsibilities of a relative or
nonrelative extended family member caregiver caring for a child in
foster care, including the right of a foster child to have fair and
equal access to all available services, placement, care, treatment,
and benefits, and to not be subjected to discrimination or harassment
on the basis of actual or perceived race, ethnic group
identification, ancestry, national origin, color, religion, sex,
sexual orientation, gender identity, mental or physical disability,
or HIV status.
(2) An overview of the child protective system.
(3) The effects of child abuse and neglect on child development.
(4) Positive discipline and the importance of self-esteem.
(5) Health issues in foster care.
(6) Accessing education and health services that are available to
foster children.
(7) Relationship and safety issues regarding contact with one or
both of the birth parents.
(8) Permanency options for relative or nonrelative extended family
member caregivers, including legal guardianship, the Kinship
Guardianship Assistance Payment Program, and kin adoption.
(9) Information on resources available for those who meet
eligibility criteria, including out-of-home care payments, the
Medi-Cal program, in-home supportive services, and other similar
resources.
(10) Instruction on cultural competency and sensitivity relating
to, and best practices for, providing adequate care to lesbian, gay,
bisexual, and transgender youth in out-of-home care.
(11) Instruction on cultural competency and sensitivity relating
to, and best practices for, providing adequate care to a sexually
exploited and trafficked minor in out-of-home care.
(11)
(12) Basic instruction on the existing laws and
procedures regarding the safety of foster youth at school and the
ensuring of a harassment and violence free school environment
contained in the California Student Safety and
Violence Prevention Act of 2000 (Article 3.6
(commencing with Section 32228) of Chapter 2 of Part 19 of Division 1
of Title 1 of the Education Code).
(b) In addition to training made available pursuant to subdivision
(a), each community college district with a foster care education
program shall make training available to a relative or nonrelative
extended family member caregiver that includes, but need not be
limited to, courses that cover all of the following:
(1) Age-appropriate child development.
(2) Health issues in foster care.
(3) Positive discipline and the importance of self-esteem.
(4) Emancipation and independent living.
(5) Accessing education and health services available to foster
children.
(6) Relationship and safety issues regarding contact with one or
both of the birth parents.
(7) Permanency options for relative or nonrelative extended family
member caregivers, including legal guardianship, the Kinship
Guardianship Assistance Payment Program, and kin adoption.
(8) Basic instruction on the existing laws and procedures
regarding the safety of foster youth at school and the ensuring of a
harassment and violence free school environment contained in the
California Student Safety and Violence Prevention
Act of 2000 (Article 3.6 (commencing with Section
32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the
Education Code).
(c) In addition to the requirements of subdivisions (a) and (b),
each community college district with a foster care education program,
in providing the orientation program, shall develop appropriate
program parameters in collaboration with the counties.
(d) Each community college district with a foster care education
program shall make every attempt to make the training and orientation
programs for relative or nonrelative extended family member
caregivers highly accessible in the communities in which they reside.
(e) When a child is placed with a relative or nonrelative extended
family member caregiver, the county shall inform the caregiver of
the availability of training and orientation programs and it is the
intent of the Legislature that the county shall forward the names and
addresses of relative or nonrelative extended family member
caregivers to the appropriate community colleges providing the
training and orientation programs.
(f) This section shall not be construed to preclude counties from
developing or expanding existing training and orientation programs
for foster care providers to include relative or nonrelative extended
family member caregivers.
SEC. 6. Section 16540 of the Welfare
and Institutions Code is amended to read:
16540. The California Child Welfare Council is hereby
established, which shall serve as an advisory body responsible for
improving the collaboration and processes of the multiple agencies
and the courts that serve the children and youth in the child welfare
and foster care systems. The council shall monitor and report the
extent to which child welfare and foster care programs and the courts
are responsive to the needs of children in their joint care. The
council shall issue advisory reports whenever it deems appropriate,
but in any event, no less frequently than annually, to the Governor,
the Legislature, the Judicial Council, and the public. A report of
the Child Welfare Council shall, at a minimum, include
recommendations for all of the following:
(a) Ensuring that all state child welfare, foster care, and
judicial funding and services for children, youth, and families is,
to the greatest extent possible, coordinated to eliminate
fragmentation and duplication of services provided to children or
families who would benefit from integrated multiagency services.
(b) Increasing the quality, appropriateness, and effectiveness of
program services and judicial processes delivered to children, youth,
and families who would benefit from integrated multiagency services
to achieve better outcomes for these children, youth, and families.
(c) Promoting consistent program and judicial excellence across
counties to the greatest extent possible while recognizing the
demographic, geographic, and financial differences among the
counties.
(d) Increasing collaboration and coordination between county
agencies, state agencies, federal agencies, and the courts.
(e) Ensuring that all state Title IV-E plans, program improvement
plans, and court improvement plans demonstrate effective
collaboration between public agencies and the courts.
(f) Assisting the Secretary of California Health and Human
Services and the chief justice in formulating policies for the
effective administration of the child welfare and foster care
programs and judicial processes.
(g) Modifying program practices and court processes, rate
structures, and other system changes needed to promote and support
relative caregivers, family foster parents, therapeutic placements,
and other placements for children who cannot remain in the family
home.
(h) Developing data- and information-sharing agreements and
protocols for the exchange of aggregate data across program and court
systems that are providing services to children and families in the
child welfare system. These data-sharing agreements shall allow child
welfare agencies and the courts to access data concerning the
health, mental health, special education, and educational status and
progress of children served by county child welfare systems subject
to state and federal confidentiality laws and regulations. They shall
be developed in tandem with the establishment of judicial case
management systems as well as additional or enhanced performance
measures described in subdivision (b) of Section 16544.
(i) Developing systematic methods for obtaining policy
recommendations from foster youth about the effectiveness and quality
of program services and judicial processes, and ensuring that the
interests of foster youth are adequately addressed in all policy
development.
(j) Implementing legislative enactments in the child welfare and
foster care programs and the courts, and reporting to the Legislature
on the timeliness and consistency of the implementation.
(k) Monitoring the adequacy of resources necessary for the
implementation of existing programs and court processes, and the
prioritization of program and judicial responsibilities.
( l ) Strengthening and increasing the independence and
authority of the foster care ombudsperson.
(m) Coordinating available services for former foster youth and
improving outreach efforts to those youth and their families.
(n) Providing recommendations and updates to the State Plan to
Serve and Protect Sexually Exploited and Trafficked Minors, as
described in Chapter 4 (commencing with Section 2200) of Division
2.5.
SEC. 7. 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.
SECTION 1. Section 6217 of the Public Resources
Code is amended to read:
6217. With the exception of revenue derived from state school
lands and from sources described in Sections 6217.6, 6301.5, 6301.6,
6855, and Sections 8551 to 8558, inclusive, and Section 6404 (insofar
as the proceeds are from property that has been distributed or
escheated to the state in connection with unclaimed estates of
deceased persons), the commission shall deposit all revenue, money,
and remittances received by the commission under this division, and
under Chapter 138 of the Statutes of 1964, First Extraordinary
Session, in the General Fund. Out of those funds deposited in the
General Fund, sufficient moneys shall be made available each fiscal
year for the following purposes:
(a) Payment of refunds, authorized by the commission, out of
appropriations made for that purpose.
(b) Payment of expenditures of the commission as provided in the
annual Budget Act.
(c) Payments to cities and counties of the amounts specified in
Section 6817 for the purposes specified in that section, out of
appropriations made for that purpose.
(d) Payments to cities and counties of the amounts agreed to
pursuant to Section 6875, out of appropriations made for that
purpose.
(e) At least ____ dollars shall be made available from those
moneys for deposit into the State Coastal Conservancy Fund, out of an
appropriation for that purpose, for expenditure for the preservation
and protection of coastal lands.
