The California Department of Social Services (CDSS) has issued instructions implementing AB 604 which allows continued eligibility for extended foster care if the court vacates the youth’s underlying adjudication because they were a victim of human trafficking.
SB 855 (2014) clarified that commercially sexually exploited children whose parents were unable to protect them could be adjudged dependents of the juvenile court. SB 1322 (2016) prohibits arrest or prosecution of a child under age 18 for soliciting or engaging in an act of prostitution for money or other consideration, or loitering with the intent to commit an act of prostitution. SB 823 (2016) allows a person to petition the court for relief from an arrest, conviction or adjudication for any nonviolent offense that occurred as a direct result of being a victim of human trafficking.
AB 604 allows a youth who was a victim of human trafficking, had their conviction vacated, and is otherwise eligible to remain under juvenile court jurisdiction to continue to be eligible foster care, extended foster care and related services. Youth who have had their underlying adjudications vacated are not required to have met their rehabilitative goals to remain eligible for foster care or extended foster care. Non-minor dependants who have had their underlying adjudications vacated and who choose to exit foster care may re-enter before age 21.
Minors who are under 17 years and 5 months or who do not meet the criteria for transitional juvenile court jurisdiction must be evaluated to determine if it is safe for them to return home without court supervision. If it is not, a dependency petition should be filed on their behalf. (ACL 18-113, September 17, 2018.)