Today's Law As Amended


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SB-998 Dependency: victims of human trafficking.(2023-2024)



As Amends the Law Today


SEC. 4.SECTION 1.

 Section 16501.35 of the Welfare and Institutions Code is amended to read:

16501.35.
 (a) County (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:
(1) (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.
(2) (B)  Document individuals identified pursuant to paragraph (1) subparagraph (A)  in the statewide child welfare information system Child Welfare Services/Case Management System  and any other agency record as determined by the county.
(3) (C)  Determine appropriate services for the child or youth identified pursuant to paragraph (1). subparagraph (A). 
(4) (D)  Receive relevant training in the identification, documentation, and determination of appropriate services for any child or youth identified in paragraph (1). 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 or nonminor dependent  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 foster  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 subparagraph (A) paragraph (2)  in subsequent placements, to the extent possible.
(C) Determine the child’s or nonminor dependent’s experiences while absent from care.
(D) Determine whether the child or nonminor dependent is a possible victim of commercial sexual exploitation. 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.
(F) Provide notice immediately, but in no case later than 24 hours from receipt of information that the child or nonminor dependent is missing from foster care, to all of the following parties:
(i) The child’s or nonminor dependent’s parents or Indian custodians, unless parental notification has been limited or terminated by the court.
(ii) The child’s or nonminor dependent’s legal guardians, unless guardian notification has been limited or terminated by the court.
(iii) The attorneys for the parents, legal guardians, or Indian custodians unless notification of the parents, guardians or Indian custodians has been limited or terminated by the court.
(iv) The child’s or nonminor dependent’s attorney appointed pursuant to subdivision (c) of Section 317, or Section 634.
(v) The child’s or nonminor dependent’s Court-Appointed Special Advocate, if one has been appointed.
(vi) The court of jurisdiction.
(vii) The child’s or nonminor dependent’s tribe or tribal representative, if the child or nonminor dependent is, or may be, an Indian child, as defined in Section 224.1.
(viii) Any known sibling of the child or nonminor dependent who is 10 years of age or older and adjudged to be a dependent child of the juvenile court, if such notice would not be contrary to the safety and well-being of that sibling. Notice to siblings shall be provided in a trauma-informed manner.
(ix) The local law enforcement agency, including, if applicable, any tribal law enforcement agency for the child’s tribe in the case of an Indian child, as defined in Section 224.1.
(G) Notices issued pursuant to subparagraph (F) shall include contact information for an appropriate social worker or probation officer within the agency issuing the notice.
(c) (1) For purposes of this section, “missing from foster care” means when the whereabouts of a child subject to an order of foster care placement are unknown to the county child welfare agency or probation department, or when the county child welfare agency or probation department has located a child subject to an order of foster care placement in a location not approved by the court that may pose a risk to the child, taking into account the age, intelligence, mental functioning, and physical condition of the child.
(2) Paragraph (1) shall only apply to a nonminor dependent if, based on the totality of the circumstances, the county child welfare agency or probation department suspects that the nonminor dependent did not voluntarily leave foster care or is at risk of substantial harm.
(d) (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 State 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.
(e) (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 statewide child welfare information system 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 commercial sexual exploitation  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 commercial sexual exploitation  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 commercially sexually exploited  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 commercial sexual exploitation. 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 commercial sexual exploitation,  human trafficking,  and adequately serve children who have been sexually exploited,  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 Commercially Sexually Exploited  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 commercial sexual exploitation. 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 commercial sexual exploitation and  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 commercial sexual exploitation.  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 commercial sexual exploitation.  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 commercial sexual exploitation  human trafficking  to do all of the following:
(i) Provide support to county staff who serve children who are victims of commercial sexual exploitation. 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 commercial sexual exploitation. 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, commercial sexual exploitation,  human trafficking,  including, but not limited to, lesbian, gay, bisexual, and transgender youth organizations, regarding outreach and support to children who are victims of commercial sexual exploitation. human trafficking. 
(D) Hiring county staff trained and specialized to work with children who are victims of commercial sexual exploitation  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 commercial sexual exploitation  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 commercially sexually exploited children are  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 commercially sexually exploited children  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 Commercially Sexually Exploited  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 commercial sexual exploitation and  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 Commercially Sexually Exploited  Human Trafficked  Children Program pursuant to this chapter shall develop an interagency protocol to be utilized in serving sexually exploited children.  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.
(C) The county public 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 sexual exploitation, 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 sexually exploited  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 statewide child welfare information system 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.
(c) The department shall implement this section no later than June 1, 2018.

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:
(a) (1)  The participating counties.
(b) (2)  The number of victims served by each county.
(c) (3)  The types of services provided.
(d) (4)  Innovative strategies relating to collaboration with children, child service providers, and survivors of commercial sexual exploitation regarding prevention, training, and services.
(e) (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.

16524.11.
 This chapter shall become operative on January 1, 2015.
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.