Rules of the Road

Recent CSEC Legislation

AB 1702 (2016): Protect Sexually Exploited Minors from being Reunified with Parents who Exploited Them; WIC section 361.5 (17).

SB 794 (2015): his codifies PL 113-183 (2014, federal mandates) into CA law for child welfare services and probation.  See Section 3 (PC 11165.1), Section 4, and 29.

PL 114-22 (2015): Victims of Trafficking.

SB 855 (2014) Created the Commercially Sexually Exploited Children Program.  See Section 79, Chapter 5.2 (WIC 16524.6 -11).

PL 113-183 (2014): Preventing Sex Trafficking And Strengthening Families Act.

SB 1193 (2012): Human trafficking: public posting requirements.

Penal Code Section

Section 236.1 (2012): False Imprisonment and Human Trafficking

Section 647 (2016): Decriminalizing Prostitution of Minors

Section 11165.1: Child Abuse and Neglect Reporting Act

Clarification to W&IC § 300

WIC 361.5(a) (17):(2016) Dependent Children—Judgments and Orders: the parent or guardian knowingly participated in, or permitted, the sexual exploitation, as described in subdivision (c) or (d) of Section 11165.1 of, or subdivision (c) of Section 236.1 of, the Penal Code, of the child. This shall not include instances in which the parent or guardian demonstrated by a preponderance of the evidence that he or she was coerced into permitting, or participating in, the sexual exploitation of the child.

WIC 300(b)(2): (2012) Dependent Children-Jurisdiction: The Legislature finds and declares that a child who is sexually trafficked, as described in Section 236.1 of the Penal Code, or who receives food or shelter in exchange for, or who is paid to perform, sexual acts described in Section 236.1 or 11165.1 of the Penal Code, and whose parent or guardian failed to, or was unable to, protect the child, is within the description of this subdivision, and that this finding is declaratory of existing law. These children shall be known as commercially sexually exploited children.

All County Letters

  • ACL 16-85 Statewide CSEC Procedures and Protocols
  • ACL 16-74 CWS-CMS Special Project Code for referrals regardsless of disposition
  • ACL 16-69 CSEC County Instructions for Submitting updated County Plans 
  • ACL 16-49 CSEC Documentation in CWS/CMS
  • ACL 16-15 Basic requirements for runaway/missing youth protocols
  • ACL 16-08 Overview of all SB 794 provisions including training, policies & procedures, reporting and documentation 
  • ACL 15-49 Defines four CSEC special project codes which have since been replaced by the CSEC Grid 
  • ACL 15-48 Instructions for submitting county plans (no template in 2015) and the interagency protocol, as well as information on the 2015–2016 allocation methodology and new resources including the original MOU Template
  • ACL 14-62 Introduction to the CSEC Program 
  • ACL 14-36 Title IV-E foster care candidacy policy and procedures
All County Information Notices
  • ACIN I -83-16 CSEC Model Interagency Protocol Framework
  • ACIN I-23-15 Initial instructions and outlines SB 855 requirements to help counties prepare to develop interagency protocol
  • ACIN I-21-16 Clarification that a parent or guardian’s name is not referred to the Child Abuse Central Index (CACI) in cases involving CSEC when the only substantiated allegation regarding the parent or guardian is general neglect 
County Fiscal Letters
  • CFL 16/17-04 Final reappropriation adjustment for the 2014-2015 CSEC Program funds
  • CFL 15/16-50 Claiming codes and instructions for $2.1m 2014-2015 rollover funds: Also includes sample services which may be funded through the CSEC Program
  • CFL 15/16-41 $3.25 million county allocations and two claiming codes for SB 794 activities 
  • CFL 15/16-22 Original $10.75m CSEC Program planning allocations 
  • CFL 14/15-32 Allocation augmentation for planning protocols ($2.5m) and training foster youth ($750,000) 
  • CFL 14/15-25 Initial planning allocations ($2.5m) 

The following recent legislation is from the Polaris National Policy/Priority Legislation Tab:

"The "Strengthening Child Welfare Response to Trafficking Act of 2013” (H.R. 1732) as introduced by Representative Karen Bass (D-CA) and Representative Tom Marino (R-PA) is a critical piece of legislation needed to ensure that child victims of sex trafficking and labor trafficking in the United States are identified by state child welfare agencies and receive the services they need.

Recent reports have shown that the majority of identified child trafficking victims have had contact, often multiple times, with the child welfare system. To ensure the proper identification of and assistance for these children, this bill amends the Social Security Act to require state child welfare agencies funded under the Act to report within their annual plan on current efforts to address the human trafficking and commercial sexual exploitation of children in their care, or alternatively to report on future plans to address the issue. The bill has no direct cost. H.R. 1732 is an important step in creating the safety net we need to end child trafficking in the United States."

Fill out and submit the form to support the Strengthening Child Welfare Response to Trafficking Act (S. 1823)