AB-1760: Human Trafficking: Safe Harbor for Trafficked Children

Session: 2015-2016
Author: Santiago
Status: Dead
AAP-CA Position: Support
To view the status of this bill on the State Website, click here.
This bill would require a peace officer to determine whether a suspect of a crime is a minor who has engaged in a commercial sex act or has committed a crime constituting a commercial sex act, or is a minor who is a human trafficking victim, and whether any nonviolent crime that person is suspected of was committed as a direct result of being trafficked. The bill would require the peace officer to make a record of this determination. Upon making this determination, the bill would require the peace officer to report suspected abuse or neglect of the minor to the county child welfare agency. The bill would prohibit the arrest of a minor meeting the above criteria and would require any record of an arrest previously made to be sealed and destroyed. By imposing new duties on local peace officers, this bill would impose a state-mandated local program.
This bill would enact the State Plan to Serve and Protect Child Trafficking Victims and would require the California Health and Human Services Agency, no later than January 30, 2017, to convene an interagency workgroup, as prescribed, to develop the plan. The bill would require the plan to include, among other things, at a minimum, a multiagency-coordinated child trafficking response protocol and guidelines for local implementation that establish clear lines of ongoing responsibility to ensure that child trafficking victims have access to the necessary continuum of treatment options. The bill would require the workgroup to submit the plan to the Legislature, Judicial Council, and Governor no later than January 30, 2018.
The bill would require the State Department of Social Services to establish a working group in consultation with county welfare departments and other stakeholders to develop recommendations for the board, care, and supervision of child trafficking victims who are in need of placement in facilities that will protect them from traffickers and provide needed specialized support and services.
The bill would require the State Department of Social Services, with input from county child welfare agencies, probation departments, and other stakeholders, to identify, develop, and disseminate screening tools for use by county child welfare and probation staff to identify children who are child trafficking victims. The bill would require the department, no later than December 31, 2017, to provide counties with guidance on the use of the screening tools.
The bill would require the State Department of Social Services and the State Department of Health Care Services, in consultation with county child welfare and county mental health representatives and other stakeholders, to identify tools and best practices to screen, assess, and serve child trafficking victims. The bill would require the State Department of Social Services to develop curriculum and provide training to local multidisciplinary teams no later than December 31, 2017.
The bill would require each county to develop an interagency protocol to be utilized in serving child trafficking victims. The bill would require each county’s protocol to be adopted by the board of supervisors no later than June 30, 2017. The bill would require the protocols to identify the roles and responsibilities of county based agencies and local service responders in serving victims of trafficking or commercial sexual exploitation. By imposing new duties on local governments, this bill would impose a state-mandated local program.
The bill would require that the administrator certification program for group homes, the administrator certification program for short-term residential treatment centers, mandatory training for licensed or certified foster parents, and training for mandated child abuse reporters and child welfare personnel include instruction on cultural competency and sensitivity and related best practices for providing adequate care to child trafficking victims.

 

Download AAP Positional Letter: Letter to Author