SENATE HUMAN SERVICES COMMITTEE
WILL COME TO ORDER. GOOD
AFTERNOON. WE'RE HOLDING OUR
COMMITTEE HEARINGS HERE IN THE Þ
STREET BUILDING. I ASK ALL
MEMBERS OF THE COMMITTEE TO BE
PRESENT NOW IN ROOM 2200, SO
THAT WE CAN ESTABLISH OUR QUORUM
AND BEGIN THE HEARING. I DO WANT
TO ADDRESS OUR GUESTS TODAY. AND
THANK YOU FOR BEING HERE. THIS
IS AN OPEN AND PUBLIC MEETING,
AND WE WILL ASK YOU TO ENSURE
THAT WE FOLLOW ALL RULES AND
DECORUM WHILE YOU'RE HERE. IF
YOU HAVE ANY QUESTIONS ABOUT
PARTICIPATION, PLEASE SEE ONE OF
OUR SERGEANTS AND WE WILL HAVE
THE ABILITY FOR PUBLIC COMMENT,
BOTH IN SUPPORT AND OPPOSITION
OF ANY OF OUR BILLS. WE LIMIT IT
TO YOUR NAME, YOUR ORGANIZATION,
OR WHO YOU REPRESENT, AND
WHETHER YOU OPPOSE OR SUPPORT.
WE DO HAVE WITNESSES THAT WILL
BE TESTIFYING THAT WILL BE
INVITED HERE TO THIS FRONT
TABLE. BUT PLEASE DO NOT COME
THROUGH THAT METAL GATE. THAT
METAL GATE IS THERE FOR YOUR
PROTECTION AND FOR OURS AND IS
STRICTLY REGULATED. OKAY. THANK
YOU. ALL RIGHT, WE DO NOT HAVE A
QUORUM AT THIS POINT, SO WE ARE
GOING TO MOVE FORWARD AS A
SUBCOMMITTEE, LET'S SEE HERE.
ALL RIGHT. VERY GOOD. ALL RIGHT.
WE ARE GOING TO MOVE FORWARD, A
BIT OUT OF ORDER, WE'RE GOING TO
BE HEARING THE FIRST ITEM, ITEM
NUMBER TWO, SENATE BILL 1043
FROM SENATOR GROVE. SENATOR
GROVE, ARE YOU READY? YES, MADAM
CHAIR. EXCELLENT. WE WILL HEAR
YOU WHEN YOU'RE READY. THANK
YOU, MADAM CHAIR. GOOD
AFTERNOON, COLLEAGUES, AND MADAM
CHAIR, TODAY I'M HERE TO PRESENT
SB 1043, THE ACCOUNTABILITY AND
CHILDREN'S TREATMENT BILL, WHICH
WOULD CREATE MORE TRANSPARENCY
SURROUNDING THE USE OF
RESTRAINTS AND SECLUSION ROOMS.
IN SHORT, TERME THERAPY
RESIDENTIAL THERAPEUTIC
PROGRAMS, ALSO KNOWN AS STRIPS.
MANY OF US HAVE SEEN THE RECENT
MEDIA SURROUNDING TROUBLED TEEN
FACILITIES ACROSS THIS COUNTRY.
WIDESPREAD ABUSE OF THESE
PROGRAMS HAVE SPURRED AN
OUTPOURING OF ATTENTION AND
LEGISLATIVE REFORM. ALTHOUGH
CALIFORNIA PREVIOUSLY SENT
FOSTER CHILDREN FROM OUR STATE
TO THESE OUT OF STATE PROGRAMS
IN RECENT YEARS, THIS
LEGISLATURE HAS COURAGEOUSLY
ACTED IN THE GOVERNOR HAS DONE
SOME SIGNIFICANT WORK TO
DECERTIFY THESE FACILITIES AND
ENSURE THAT CALIFORNIA'S
CHILDREN ARE RETURNED HOME. A
REPORT IN 2020 BY THE IMPRINT IN
SAN FRANCISCO CHRONICLE REPORTED
THAT CALIFORNIA WAS SENDING
FOSTER YOUTH OFFENDERS WITH
SEVERE MENTAL AND BEHAVIORAL
HEALTH CONDITIONS OUT OF STATE
TO THESE FOR-PROFIT FACILITIES,
AS MANY OF THESE FACILITIES,
SUCH AS ONE THAT PARIS HILTON
WAS SENT TO AT THE AGE OF 17,
CHILDREN WERE PHYSICALLY,
MENTALLY AND SEXUALLY ABUSED BY
STAFF. IN RESPONSE TO THE
REPORTS OF ABUSE. ASSEMBLY BILL
808 BY ASSEMBLY MEMBER STONE,
WHICH WAS LATER INTRODUCED IN A
BUDGET TRAILER BILL OF AB 153,
BANNED THE PLACEMENT OF CHILDREN
IN THESE OUT OF STATE
RESIDENTIAL FACILITIES AND
ORDERED THAT ALL OF THESE TEENS
BE RETURNED TO THEIR HOME BY
2023. THEIR HOME STATE. I SHOULD
SAY. ADDITIONALLY, GOVERNOR
NEWSOM ALLOCATED $8 MILLION TO
BRING THEM HOME AND PROVIDE
PROPER PLACEMENT. BUT MANY OF
OUR FOSTER YOUTH WHO WERE
RETURNED FROM TO CALIFORNIA WERE
PLACED IN THESE STRIPS, WHICH
WERE WHICH ARE LICENSED BY THE
STATE OF CALIFORNIA DEPARTMENT
OF SOCIAL SERVICES. ALTHOUGH
CALIFORNIA HAS BEEN PROACTIVE IN
ADDRESSING THE TROUBLED TEEN
INDUSTRY AND ENSURING HEALTH AND
SAFETY FOR OUR FOSTER YOUTH,
THERE IS STILL THAT WORK THAT
NEEDS TO BE DONE TO PROVIDE
ADDITIONAL TRANSPARENCY TO THE
PUBLIC AND TO ENSURE THAT OUR
CHILDREN ARE SAFE IN THESE
CALIFORNIA FACILITIES. THE
INCREASED USE OF STRIPS BEGAN IN
2015, WHEN ASSEMBLY MEMBER STONE
PASSED AB 403, WHICH MADE THE
TRANSITION OF THESE THE USE OF
THESE GROUP HOMES FOR OUR
CHILDREN AND FOSTER CARE TO BE
USED FOR THESE SHORT TERME
RESIDENTIAL TREATMENT FACILITIES
. THE GOAL IS TO INCREASE. THE
GOAL WAS TO INCREASE THE NUMBER
OF CHILDREN PLACED WITHIN OUR
FOSTER FAMILIES, TO RESERVE THE
STRIP PLACEMENTS AS AN OPTION
FOR THOSE WHO NEEDED A HIGHER
LEVEL OF CARE. THIS BILL WAS A
MONUMENTAL STEP IN THE RIGHT
DIRECTION AND WAS THE BEGINNING
OF A MUCH LARGER CHANGE FOR OUR
FOSTER CARE SYSTEM. STRIP SERVED
CHILDREN AND YOUNG ADULT ADULTS
WHO NEED INCREASED LEVELS OF
CARE, AND THESE TREATMENT
FACILITIES HAVE THE ABILITY TO
USE RESTRAINTS AND SECLUSION
ROOMS IN THE FACILITY IF THEY
BELIEVE THAT THIS IS INDIVIDUAL
IS A PARTICULAR DANGER TO
THEMSELVES OR OTHERS. STRIP ARE
REQUIRED TO REPORT ALL RESTRAINT
AND SECLUSION USE TO THE
DEPARTMENT OF SOCIAL SERVICES.
THE DEPARTMENT IS THEN REQUIRED
TO PUT THIS INFORMATION ONLINE
AND MAKE IT AVAILABLE TO THE
PUBLIC. HOWEVER, DUE TO THE
BUDGETARY CONSTRAINTS AND THIS
INFORMATION HAS NEVER BEEN
PROVIDED TO THE PUBLIC OR THE
LEGISLATURE WHEN RESEARCHING
THIS ISSUE TO CHAMPION CHILDREN,
WE SET ASIDE ONE THIRD OF OUR
LEGISLATION OAN TO BE ABLE TO
CHAMPION CHILDREN AND BE A VOICE
FOR THE VOICELESS. WE ASKED THE
DEPARTMENT TO PROVIDE US WITH
THE INFORMATION REQUESTING THE
INFORMATION OF USE ON RESTRAINT
AND SECLUSION ROOMS. WE WAITED
FOR MONTHS, CONTINUOUSLY ASKING,
AND WE STILL HAVE BEEN
UNSUCCESSFUL IN GETTING THIS
INFORMATION. SOME OF
CALIFORNIA'S MOST VULNERABLE
CHILDREN ARE HOUSED IN STRIPS,
INCLUDING FOSTER YOUTH WHO HAVE
BEEN PREVIOUSLY SEXUALLY
EXPLOITED. KNOWING WHAT THESE
CHILDREN HAVE EXPERIENCED, WE
MUST REQUIRE THE HIGHEST LEVEL
OF TRANSPARENCY AND
ACCOUNTABILITY AND CARE FOR OUR
VULNERABLE POPULATIONS. THÀNH SB
1043 IS A SIMPLE TRANSPARENCY
MEASURE, WHICH WOULD REQUIRE THE
DSS TO CREATE A DASHBOARD BY
JANUARY 2026 THAT DISPLAYS THE
DATA ON USE OF RESTRAINTS AND
SECLUSION ROOMS FOR STRIPS. THIS
DATA WILL INCLUDE THE NUMBER OF
INCIDENTS AND THE RESTRAINTS AND
SECLUSIONS THAT WERE USED. THE
DURATION OF TIME AND IF THERE
WERE ANY INJURIES OR DEATHS,
ALONG WITH ANY OTHER NECESSARY
EXCUSE ME, NECESSARY DATA
CURRENTLY, STRIPS ARE REQUIRED
TO PROVIDE AND DEBRIEF PATIENTS
AT THE TIME THE RESTRAINTS ARE
SECLUSIONS ARE USED. SB 1043
WILL REQUIRE DSS TO INCLUDE AN
ADDITIONAL DASHBOARD WITH
WRITTEN DESCRIPTION OF THOSE
DEBRIEFS, EXCLUDING ANY
IDENTIFYING INFORMATION OF THOSE
INVOLVED. IT'S A SMALL BUT
CRITICAL STEP TO ENSURE THAT THE
INCREASED TRANSPARENCY AND
ACCOUNTABILITY FOR CALIFORNIA'S
CHILDREN. WITH ME TODAY IS THE
SPONSOR OF SB 1043, CEO OF 1111
MEDIA IMPACT AND A SURVIVOR OF
THE TROUBLED TEEN DENTISTRY
INDUSTRY. MISS PARIS HILTON, I
CAN TELL YOU THAT SHE'S HERE
TODAY TO SPEAK ABOUT HER OWN
EXPERIENCES WITH RESTRAINTS AND
SECLUSION ROOMS IN THESE OUT OF
STATE FACILITIES, WHICH WE NO
LONGER KEEP OUR CHILDREN IN. BUT
WE NEED TO MAKE SURE AND ENSURE
TRANSPARENCY IS AVAILABLE TO US
SO THAT WE CAN LOOK AT POLICY
MOVING FORWARD IF NECESSARY.
ALSO WITH US IS REBECCA GROWN,
SHE IS THE DIRECTOR OF IMPACT OF
1111 MEDIA THAT CONTINUOUSLY
WORKS WITH MISS HILTON. TO BE
ABLE TO BE THE VOICE AND SHINE A
LIGHT ON THIS INDUSTRY AND THE
TROUBLED TEEN INDUSTRY THAT THE
UNITED STATES AND THE WORLD IS
SUBJECTED TO, SO I'LL TURN IT
OVER TO MISS REBECCA. GROWN
FIRST. THANK YOU SO MUCH,
SENATOR GROVE. HI MADAM CHAIR,
AND MEMBERS OF THE COMMITTEE, I
DEFER MY TIME TO PARIS HILTON.
THANK YOU. THANK YOU. MADAM
CHAIR AND MEMBERS OF THE SENATE
HUMAN SERVICES COMMITTEE, THANK
YOU FOR THIS OPPORTUNITY TO
SPEAK AND SHARE MY STORY WITH
YOU TODAY. I STAND BEFORE YOU,
NOT JUST AS PARIS HILTON, BUT AS
A SURVIVOR AND AN ADVOCATE FOR
THE SILENT VOICES WAITING TO BE
HEARD. I KNOW FIRSTHAND THE
HORRORS THAT HAPPENED BEHIND THE
CLOSED DOORS OF YOUTH
RESIDENTIAL TREATMENT FACILITIES
. AS A TEENAGER, I WAS PLACED IN
PROGRAMS IN CALIFORNIA AND OTHER
STATES WHERE THE VERY PEOPLE
ENTRUSTED WITH MY CARE, MY
GROWTH AND MY HEALING BETRAYED
THAT TRUST IN THE MOST
DEVASTATING WAYS. I WAS NOT
ALLOWED TO SPEAK FREELY, TO MOVE
FREELY, OR EVEN LOOK OUT A
WINDOW WITHOUT PERMISSION. OAN
I WAS SUBJECTED TO CRUEL AND
DEGRADING TREATMENT, ALL IN THE
NAME OF THERAPY. I LIVED IN
CONSTANT FEAR, NOT KNOWING WHAT
WOULD HAPPEN TO ME NEXT IF I
TRIED TO TELL MY PARENTS ABOUT
THE ABUSE. THE STAFF WOULD
IMMEDIATELY RIP THE PHONE FROM
MY HAND, DISCONNECT THE CALL,
AND SUBJECT ME TO VIOLENT
PHYSICAL RESTRAINTS AND THROW ME
INTO SOLITARY CONFINEMENT. AND
WHEN I CLOSE MY EYES AT NIGHT, I
STILL HAVE NIGHTMARES ABOUT
SOLITARY CONFINEMENT. 20 YEARS
LATER, WHERE I'M BEING DRAGGED
DOWN A HALLWAY AND SHOVED INTO A
4X4 CEMENT CELL, ONE DAY IN
SECLUSION FELT LIKE A WEEK. THAT
SMALL ROOM COVERED IN SCRATCH
MARKS AND SMEARED BLOOD WITH NO
BATHROOM, IS ONE OF THE MOST
VIVID AND TRAUMATIZING MEMORIES
THAT WILL HAUNT ME FOR THE REST
OF MY LIFE. THE SOUNDS OF MY
PEERS SCREAMING AS THEY WERE
PHYSICALLY RESTRAINED BY
NUMEROUS STAFF MEMBERS AND
INJECTED WITH SEDATIVES, WILL
ALSO NEVER LEAVE ME. I'M NOT
SHARING THE STORY WITH YOU TODAY
TO SEEK SYMPATHY, BUT TO
ILLUMINATE THE GRIM REALITIES
THAT SECLUSION AND DEADLY
PHYSICAL RESTRAINTS ARE STILL
HAPPENING IN FACILITIES. DOES
THIS SOUND LIKE A FORM OF
THERAPY TO YOU? HUNDREDS OF
THOUSANDS OF YOUTH FROM THE
CHILD WELFARE AND JUVENILE
JUSTICE SYSTEMS, AS WELL AS
YOUTH WITH DISABILITIES,
EXPERIENCE THIS TREATMENT EVERY
YEAR? CALIFORNIA HAS MADE SO
MUCH PROGRESS ON THIS ISSUE, AND
I'M SO PROUD TO BE A RESIDENT OF
THE STATE. GIVEN THAT THE STATE
ENDED THE PROCESS OF SENDING
YOUTH TO OUT OF STATE PROGRAMS
DUE TO ABUSE AND DEATHS
OCCURRING, IT ONLY MAKES SENSE
TO ENSURE THAT FACILITIES IN
STATE ARE OPERATING WITH THE
HIGHEST LEVEL OF TRANSPARENCY
AND OVERSIGHT. WE MUST KEEP
CALIFORNIA'S MOST VULNERABLE
YOUTH SAFE, AND WE MUST HOLD
THESE FACILITIES ACCOUNTABLE TO
PROVIDING OUTSTANDING CARE. FOR
RIGHT NOW. REPORTS OF RESTRAINT
AND SECLUSION ARE RECORDED, BUT
THE DATA IS NOT PUBLICLY
AVAILABLE. IF SENATOR GROVE'S
OFFICE AND MY NONPROFIT, 1111
MEDIA IMPACT COULDN'T GET ACCESS
TO VITAL DATA ABOUT THESE
FACILITIES, CAN YOU ONLY IMAGINE
HOW DIFFICULT IT IS FOR STATE
AGENCIES PLACING YOUTH AND
FACILITIES OR PARENTS THAT HAVE
HAD TO MAKE THE DIFFICULT
DECISION TO DO SO? WE SHOULDN'T
BE PLACING YOUTH IN FACILITIES
WITHOUT KNOWING WHAT THESE
CHILDREN WILL BE SUBJECTED TO.
THE ACCOUNTABILITY AND
CHILDREN'S TREATMENT ACT IS A
SIMPLE TRANSPARENCY MEASURE THAT
WOULD MAKE A LASTING IMPACT AND
SHOW THE WORLD WHAT TRULY
HAPPENS BEHIND CLOSED DOORS. AND
IF THE FACILITIES ARE WORRIED
ABOUT TRANSPARENCY, THEN I THINK
THAT WE SHOULD ASK THEM WHAT
THEY HAVE TO HIDE. OUR CURRENT
SYSTEM DESIGNED TO REFORM AND
SOME HORRIFIC INSTANCES, DOES
THE EXACT OPPOSITE. IT BREAKS
SPIRITS, IT INSTILLS FEAR, AND
IT PERPETUATES A CYCLE OF ABUSE.
BUT TODAY WE HAVE THE POWER TO
CHANGE THAT. TODAY WE CAN DECIDE
TO STAND UP FOR THOSE WHO DON'T
HAVE A VOICE. WE MUST BE THEIR
ADVOCATES, THEIR PROTECTORS, AND
THEIR VOICES IN THE HALLS OF
POWER WHERE DECISIONS ARE MADE.
PLEASE VOTE YES TO SB 143. THANK
YOU FOR YOUR ATTENTION, YOUR
COMPASSION, AND YOUR ACTION
TOGETHER, WE CAN MAKE SURE THE
HORRORS OF YESTERDAY DO NOT
BECOME THE REALITIES OF
TOMORROW. TOGETHER, WE CAN GIVE
THESE CHILDREN WHAT THEY TRULY
DESERVE SAFETY, CARE AND A
BRIGHT FUTURE. THANK YOU. THANK
YOU, MISS HILTON, FOR SHARING
YOUR STORY. WE ARE NOW GOING TO
BE TURNING IT OVER TO THE PUBLIC
FOR THEIR COMMENTS. ANY MEMBERS
OF THE PUBLIC WISHING TO ADDRESS
THE COMMITTEE TODAY FOR SUPPORT
YOUR NAME, ORGANIZATION AND YOUR
POSITION ONLY? PLEASE COME UP TO
THE MICROPHONE. JOHN DREBINGER
WITH THE STEINBERG INSTITUTE IN
SUPPORT. THANK YOU. THANK YOU.
ZOE SCHREIBER, A TROUBLED TEEN
SURVIVOR AND ADVOCATE IN STRONG
SUPPORT. AVITAL VAN LU█N,
SURVIVOR OF INSTITUTIONAL CHILD
ABUSE AT ALPINE ACADEMY, FUNDED
BY LOS ANGELES UNIFIED SCHOOL
DISTRICT. STRONG SUPPORT OF THIS
BILL. CHELSEA FILER, CEO OF THE
INSTITUTIONAL CHILD ABUSE
PREVENTION AND ADVOCACY NETWORK.
I STRONGLY SUPPORT THIS BILL.
THANK YOU. NATALIE WILLS,
SURVIVOR OF INSTITUTIONAL CHILD
ABUSE, RUNAWAY AT A VERY YOUNG
AGE TO HIDE FROM THIS. BIG
ABUSIVE INDUSTRY, PLEASE VOTE
YES ON SB 1043. THANK YOU. AVIVA
KIRSTEN, SURVIVOR OF GROUP HOME
ABUSE. I SUPPORT THIS BILL. I'M
ALSO AN ADVOCATE OF DISABILITY
RIGHTS. THANK YOU. ASHLEY
THOMPSON, ADVOCATE THE VALKYRIE
NETWORK AND I SUPPORT 1043 CARLY
CAIN, VALKYRIE NETWORK FROM
BAKERSFIELD, CALIFORNIA. AND I
STRONGLY SUPPORT THIS BILL.
MICHAEL MENDOZA, CHILDREN'S
RIGHTS ADVOCATE AND STRONG
SUPPORT. THANK YOU. NIELSEN
DÍAS, I SUPPORT SB 1043. THANK
YOU. CHRISTINE DÍAS BAKERSFIELD
IN SUPPORT OF SB 1043. THANK
YOU. THANK YOU. ALL RIGHT. WE
WILL NOW MOVE FORWARD TO
WITNESSES IN OPPOSITION OF THIS
BILL. PLEASE COME FORWARD IF WE
HAVE ANY OPPOSITION, BRING THEM
IN. NO, WE STILL HAVE SUPPORT.
OH, WE STILL HAVE SUPPORT. OKAY.
WE WILL HEAR FROM THE SUPPORT
FOR SUPPORT. ANYBODY ELSE IN
SUPPORT? GOOD MORNING. GOOD
AFTERNOON. KEVIN ESTÁN COALITION
CALIFORNIA WELFARE RIGHTS
ORGANIZATION IN STRONG SUPPORT.
THANK YOU. THANK YOU SO MUCH.
WE'LL GIVE IT A MINUTE TO MAKE
SURE WE ARE HEARING FROM
EVERYBODY. GOOD OKAY. NOW WE'LL
MOVE FORWARD WITH WITNESSES IN
OPPOSITION. ANY WITNESSES IN
OPPOSITION THAT WOULD LIKE TO
ADDRESS THE COMMITTEE TODAY
OKAY. SEEING NONE, WE'LL MOVE TO
MEMBERS OF THE PUBLIC WISHING TO
EXPRESS THEIR OPPOSITION TO THIS
BILL. PLEASE COME TO THE
MICROPHONE WITH YOUR NAME,
ORGANIZATION AND YOUR POSITION
ONLY, PLEASE. OKAY. HEARING AND
SEEING NONE, WE'LL BRING THE
CONVERSATION BACK TO THE
COMMITTEE. SENATOR BORG, WOULD
YOU LIKE TO HAVE ANY COMMENTS OR
QUESTIONS? JUST WOULD LIKE TO.
SORRY. JUST WOULD LIKE TO, THANK
SENATOR GROVE FOR BRINGING THIS
BILL FORWARD AND WANT TO THANK
MISS PARIS HILTON FOR SHEDDING
LIGHT ON THIS ISSUE AND THE
NEEDS THAT WE NEED TO LITERALLY
OVERSEE WITHIN OUR STATE. SO
THANK YOU BOTH AND THE TEAM FOR
BEING HERE TODAY, FOR BRINGING
THAT FORWARD. SO GLAD TO SUPPORT
THE BILL AND IT WILL MOVE THE
BILL WHEN THE TIME IS
APPROPRIATE. SINCE WE'RE STILL
IN SUBCOMMITTEE, WE WILL
CONTINUE TO HAVE CONVERSATIONS,
BUT I DO WANT TO, THANK YOU FOR
BEING HERE. I KNOW HOW
COURAGEOUS IT IS TO BRING
FORWARD A STORY OF SURVIVAL.
BEALL. I UNDERSTAND THAT THIS IS
A BILL THAT WAS A LONG TIME
COMING, AND SENATOR GROVE HAS
BEEN A CHAMPION FOR OUR BILLS
THAT ARE COMMON SENSE AND REALLY
SPEAK TO FAMILY. AND, SOME OF
OUR MOST VULNERABLE, OUR
CHILDREN, AND VICTIMIZATION OF
WOMEN AND GIRLS. AND SO I WOULD
NOT EXPECT ANYTHING LESS FROM
SENATOR GROVE IN TERMS OF WHAT
SHE BRINGS TO THE FLOOR, THERE
IS NO OPPOSITION TO THIS BILL,
I, I WOULD, I WOULD WONDER WHO
WOULD COME TO, TO OPPOSE THIS
BILL BECAUSE I THINK THE, THE
NATURE, THE INTENT OF WHAT
YOU'RE BRINGING FORWARD. SENATOR
GROVE, IS REALLY AWARENESS, BUT
ALSO ACCOUNTABILITY. AND SO
OFTENTIMES WE AS PARENTS, WE
BELIEVE WE'RE DOING THE BEST FOR
OUR KIDS, BUT THERE'S ALSO AN
ACKNOWLEDGMENT THAT WHEN WE MAKE
THOSE DECISIONS, PERHAPS THEY
ARE MORE HARMFUL, MORE TRAUMATIC
THAN WHAT WE INTEND, BUT WITHOUT
HAVING OUR SURVIVORS COME OUT
AND SPEAK OUT WITHOUT HAVING
THAT ACCOUNTABILITY, IT MAKES IT
VERY DIFFICULT FOR US TO CHANGE,
CHANGE THE SYSTEM, I WILL SAY
THAT THAT, I FEEL VERY FORTUNATE
TO BE ON THIS COMMITTEE, NOT
ONLY BECAUSE OF MY LIVED
EXPERIENCES, BUT I'VE ALSO
WORKED IN THESE RESIDENTIAL
TREATMENT FACILITIES HERE IN
CALIFORNIA AS A VERY YOUNG
PERSON. AND OFTENTIMES WHAT YOU
SEE IS, A RECRUITMENT OF YOUNG
PEOPLE WHO HAVE LITTLE OR NO
SKILL SETS TO WORK IN
THERAPEUTIC ENVIRONMENTS. AND
GIVEN A LOT OF POWER, A LOT OF
POWER AND CONTROL IN A SITUATION
WHERE AGAIN, NOT HAVING THAT
AWARENESS OF HOW TO, TO WORK
WITH AN INDIVIDUAL IN A
THERAPEUTIC WAY, BUT SIMPLY TO
FILL A TIME SLOT OR TO FILL A
JOB POSITION, AND, YOU KNOW,
I'VE, I'VE TALKED ABOUT SOME OF
THOSE EXPERIENCES. NOW, YOU KNOW
, WITH MY CHILDREN IN TERMS OF
HOW WE CAN DO BETTER FOR OUR
FOSTER KIDS, FOR OUR, OUR KIDS,
THAT ARE IN THESE, THERAPEUTIC
SETTINGS AND I DON'T THINK
THEY'RE ALL BAD, BUT I DO THINK
THE ONES THAT ARE BAD THAT
IMPACT THE TRAUMA OF OUR
CHILDREN, THAT ARE UNREGULATED,
THAT ARE UNSTRUCTURED, THAT DO
NOT HAVE, EVIDENCE BASED
PROGRAMING. I WONDER HOW WE GET
AWAY WITH THAT HERE IN
CALIFORNIA. SO I REALLY
APPRECIATE YOU BRINGING FORWARD
YOUR BILL. OKAY. ALL RIGHT. ALL
RIGHT. NOT SEEING ANY OTHER
QUESTIONS, SENATOR GROVE, WE
WILL PUT YOUR BILL ON ON CALL,
UNTIL WE CAN HAVE A QUORUM.
PERMISSION TO CLOSE. OH, YES.
VERY SORRY. THANK YOU. I APPLAUD
THE CHAIR'S RECOGNITION OF THE
IMPORTANCE OF THIS BILL. AND
THANK YOU VERY MUCH FOR, FOR THE
COMMENTS THAT YOU DID MAKE, YOU
KNOW, LISTENING TO SOME OF THE
TESTIMONY THAT WE HAD THIS
MORNING FROM SURVIVORS AND
INCLUDING MISS HILTON, BUT ZOE
AND OTHERS, THE WORD TRAUMA KEPT
COMING UP, AND WE HAVE TO
ADDRESS THAT. AND IF THERE'S
NOTHING GOING ON, THERE'S
NOTHING TO SHARE. BUT IF THERE'S
SOMETHING GOING ON THAT WE
SHOULD KNOW, WE DO KNOW FROM DSS
WEBSITE THAT, THERE ARE
COMPLAINTS, BROKEN ARMS SLAMMED
HANDS AND DOORS, BUT THERE'S NO
DATA TO SHOW WHAT HAPPENED AND
WHAT CAUSED THAT. AND SO THE
GOAL IS TO GO AFTER THE DATA AND
MAKE SURE THAT IN THE FUTURE
THAT IF THERE IS POLICY THAT
NEEDS TO ADDRESS THESE ISSUES,
THAT WE HAVE THAT DATA TO
ADDRESS THAT POLICY. AND SO I
JUST THANK YOU AND RESPECTFULLY
ASK FOR AN AYE VOTE. THANK YOU.
THANK YOU. AND FOLLOW UP TO YOUR
CLOSING. I DO WANT TO NOTE, YOU
KNOW, WE USE THE WORD TRAUMA AND
I THINK IT'S A MISNOMER TO THINK
THAT TRAUMA IS ONLY IN THE
MOMENT. TRAUMA CAN ARISE AT ANY
TIME IN A LIFETIME. AND ALTHOUGH
WE'RE TALKING ABOUT DATA ON
BROKEN BONES AND SLAMMED FINGERS
, TRAUMA, PARTICULARLY
PSYCHOLOGICAL TRAUMA, INTERNAL
TRAUMA CAN LIVE WITH A YOUNG
PERSON FOR SO LONG AND COME OUT
AND BE TRIGGERED THROUGH OTHER,
OTHER AVENUES, I WAS ON SOCIAL
MEDIA TODAY AND I READ SOMETHING
THAT WAS UPLIFTING THAT I'LL
SHARE SHARE WITH THE PUBLIC.
TODAY WAS THE WORD GLIMMER AND
THAT WE KNOW WHAT A TRIGGER IS.
A TRIGGER IS THAT WHAT CAUSES
THAT THAT PAIN TO RESURFACE AND
THE GLIMMER PERHAPS IS SOMETHING
THAT THAT GIVES US A STATEMENT
OR A COLOR OR A FEELING OR A
SOUND THAT ALLOWS US TO SOOTHE.
AND I THINK FOR ME, YOU KNOW,
SENATE BILL 1043 IS THAT GLIMMER
THAT IT GIVES ME THAT SOOTHING
FEELING. SO THANK YOU SO MUCH
FOR BEING HERE. THANK YOU, MADAM
CHAIR. ALL RIGHT. WE ARE GOING
TO TAKE A BRIEF RECESS. I NEED
TO RUN TO B AND P, AND WE WILL
ALSO CALL ON THE COMMITTEE
MEMBERS TO COME INTO ROOM 2200.
AND WE WILL RECONVENE AT 4:00.
IT LOOKS LIKE WE HAVE A QUORUM.
SO LET'S ESTABLISH THAT BY
TAKING THE ROLE. ALVARADO GILL
PRESENT ALVARADO GILL PRESENT.
OCHOA. BOGUE. PRESENT. ACHO.
BOGUE PRESENT. BLAKE SPEER.
PRESENT. BLAKE SPEER. PRESENT
HURTADO. MENGIBAR. PRESENT
MENGIBAR. PRESENT. ALL RIGHT. SO
IT LOOKS LIKE WE HAVE A QUORUM.
WE HAVE 11 BILLS ON TODAY'S
AGENDA, AND ONE OF THOSE ARE ON
PROPOSED CONSENT. DO ANY MEMBERS
WISH TO REMOVE BILLS FROM
CONSENT? SEEING AND HEARING
NONE. WE WILL NOW TAKE UP OUR
BILLS IN FILE ORDER. AND WE DID
HEAR ITEM NUMBER TWO BEFORE THE
RECESS. AND I'M LOOKING FOR AN
AUTHOR I SEE, I SEE IS RUBIO
HERE? YES OH I DON'T SEE HER. OH
THERE SHE IS. HELLO. HELLO,
SENATOR RUBIO. MY APOLOGIES.
OKAY AND BEFORE WE BEGIN, DO YOU
HAVE ANY WITNESSES WITH YOU
TODAY? YES ALL RIGHT. WE'LL ASK
YOU TO BRING TWO WITNESSES TO
HAVE THEM SIT FORWARD. C¢M? YES.
ALL THE WAY TO THE SIDE, PLEASE.
YEAH YEAH. CAN WE HAVE THEM TO
THE SIDE JUST IN CASE WE HAVE
OPPOSITION. THERE'S TWO SEATS
LEFT. THANK YOU. THANK YOU FOR
THAT. YOU CAN REMOVE. OKAY.
THANK YOU SO MUCH. ALL RIGHT.
SENATOR RUBIO, ITEM NUMBER ONE,
SENATE BILL 998, PLEASE PROCEED
WHEN YOU'RE READY. THANK YOU.
THANK YOU EVERYONE. CHAIR AND
MEMBERS OF THE COMMITTEE TODAY,
I'M PROUD TO PRESENT SP 998, THE
HUMAN TRAFFICKING CHILD
PROTECTION PROGRAM ACROSS OUR
NATION. THERE HAVE BEEN INCREASE
IN MINORS WHO ARE BEING
ILLEGALLY EXPLOITED FOR LABOR.
ACCORDING TO THE US DEPARTMENT
OF LABOR, FOR 2023, THERE HAS
BEEN AN 88% INCREASE PIECE OF
THIS ILLEGAL EMPLOYMENT
PRACTICE. JUST LAST DECEMBER IN
THE CITY OF INDUSTRY. IN MY
DISTRICT AT THE TIME, THE US
DEPARTMENT OF LABOR FOUND THAT
TWO POULTRY PROCESSING PLANTS
HAD AT LEAST EIGHT CHILDREN
WORKING THERE, IN REALLY DIRE
CONDITIONS AND USUALLY AT NIGHT,
WHERE NO ONE WAS WATCHING. AND
SO THAT PROMPTED ME TO WANT TO
TAKE ON THIS BILL. THEY HAD
THEIR WAGES WITHHELD AND WERE
WORKING LONGER HOURS PERMITTED
BY CHILD LABOR LAWS. THIS
GROWING ISSUE IS BEING LEFT
UNATTENDED. CALIFORNIA HAS DONE
A TREMENDOUS JOB IN COMBATING
CHILD SEX TRAFFICKING AND OTHER
TRAFFICKING. BUT YET LABOR
CONTINUES TO BE LEFT UNTOUCHED,
LIKE THE REST OF THE NATION,
CALIFORNIA IS BEHIND IN
IDENTIFYING AND SUPPORTING
CHILDREN WHO ARE BEING SUBJECT
TO LABOR EXPLOITATION. THE
LITTLE HOOVER COMMISSION HAD
RELEASED TWO REPORTS ON WHICH
HAD COME OUT LAST YEAR,
HIGHLIGHTING THE NEED TO UPDATE
EXISTING LAWS, ESPECIALLY
UPDATING THE CSEC PROGRAM TO
EQUALLY ADDRESS ALL FORMS OF
COMMERCIAL TRAFFICKING, SB 998
WILL CLOSE THE GAPS IN AND GIVE
VULNERABLE POPULATIONS THE
PROTECTION THEY DESERVE. THIS
BILL WILL REQUIRE THAT THE THAT
SOCIAL WORKERS CANNOT SEPARATE
VICTIMS OF LABOR TRAFFICKING
FROM THEIR FAMILIES. AND THAT'S
SOMETHING THAT I WANT TO BE
CLEAR ON BECAUSE WE'VE HEARD
CONCERNS THAT IT MAY SEPARATE
FAMILIES. ONCE AGAIN, IT WILL
NOT THEY WILL NOT BE
AUTOMATICALLY REMOVED FROM THEIR
PARENTS. THERE HAVE TO BE SIGNS,
AND IT HAS TO BE SHOWN THAT
THEY'VE BEEN NEGLECTED OR
ABUSED. SO AGAIN, NOT
AUTOMATICALLY TAKEN AWAY FROM
THEIR FAMILIES, COUNTY CHILD
WELFARE AGENCIES WILL ALSO HAVE
TO WORK IN CONSULTATION WITH THE
DEPARTMENTS AND EXPERIENCED
AGENCIES SERVING YOUTH AND
CHILDREN TO EXPAND POLICIES AND
PROCEDURES TO APPLY TO CHILDREN
WHO ARE VICTIMS OF HUMAN
TRAFFICKING. THIS BILL REQUIRES
THE CHILD WELFARE SERVICES CASE
MANAGEMENT SYSTEM TO COLLECT
DATA ON CHILDREN WHO ARE VICTIMS
OF HUMAN TRAFFICKING. THERE IS
AN OVERWHELMING NUMBER OF
CHILDREN WHO ALREADY HAVE
CONTACT WITH THE CHILD WELFARE
SYSTEM, BUT ARE BEING
MISIDENTIFIED AS CRIMINALS AND
NOT BEING RECOGNIZED AS VICTIMS.
IN OTHER WORDS, THESE CHILDREN
THAT WE'RE TRYING TO PROTECT ARE
ALREADY, MOST OFTEN THAN NOT,
HAVE ALREADY BEEN TOUCHED BY
SOCIAL SERVICES. SOME OF THESE
VICTIMS ARE YOUTH FACING
HOMELESSNESS WHO LACK STABLE AND
SOCIAL SUPPORT SERVICES OR
NETWORKS, LEAVING THEM AT RISK
FOR BEING SEX TRAFFICKED OR
LABOR TRAFFICKED. THE HUMAN
TRAFFICKING CHILD PROTECTION
PROGRAM IS SPONSORED BY THE
SUNITA JAIN ANTI-TRAFFICKING
INITIATIVE AT LOYOLA LAW SCHOOL,
AND SUPPORTED BY MANY
ORGANIZATIONS. WE'RE CURRENTLY
WORKING WITH THE OPPOSITION TO
ADDRESS THE PENDING ISSUES, AND
WITH THAT, I WANT TO TURN IT
OVER TO MY WITNESSES WHO HAVE
JOINED ME TODAY. JIMMY LOPEZ,
WHO IS A SURVIVOR OF CHILD LABOR
TRAFFICKING. AND I WILL LET HIM
START. FIRST, THANK YOU TO OUR
WITNESSES FOR BEING HERE TODAY.
YOU'LL EACH HAVE TWO MINUTES TO
PRESENT AND THEN PLEASE SAY YOUR
NAME AND YOUR ORGANIZATION AS
YOU PRESENT. THANK YOU. OKAY
OKAY, THANK YOU FOR GIVING THE
OPPORTUNITY TO, YOU KNOW, HAVE
ME HERE, MY NAME IS JIMMY LOPEZ,
AND I AM A SURVIVOR OF CHILD
LABOR TRAFFICKING. I FIRST, WHEN
I FIRST ENTERED TO THE UNITED
STATES, I WAS ONLY 12 YEARS OLD,
AND I CAME ALONE. I HAD NO
FAMILY. AND IN HERE IN THE
UNITED STATES, I MET A MAN WHO
TOLD ME THAT HE WOULD HELP ME
OUT, GET A JOB, AND BE STABLE,
HE TOOK ME TO A FURNITURE
FACTORY WHERE I WORK FOR AND
LIVE FOR TWO YEARS. I LIVE IN
THE SAME FACTORY WHERE I WORK,
AND I WAS PHYSICALLY BEATEN AND
I WAS NOT ALLOWED TO LEAVE. I
WAS NOT PAID FOR MY WORK. I DID
FOR THIS ENTIRE TWO YEARS. AND,
ONE OF THESE TIMES, I RAN OUT
AND I ENDED UP IN, IN A
RESTAURANT AND I ASKED FOR HELP.
THEY OFFERED ME A JOB. SOON THE
RESTAURANT OFFERED ME TO WORK
AND DRIVE A CAR. I WAS ONLY 15
YEARS OLD WHEN I STARTED DRIVING
THIS CAR. I DIDN'T HAVE ANY
DRIVER'S LICENSE. I THOUGHT I
COULD TRUST THEM, BUT THEY
TREAT. THEY TREATED ME BETTER
THAN THE OTHER PEOPLE BEFORE,
THE. AND ONE OF THIS TIME, THE
POLICE STOPPED ME AND FOUND
DRUGS AND REALIZED THAT I WAS
DOING. I HAD NO IDEA THAT THE
DRUGS WERE IN THE CAR, AND, I
WAS DELIVERING THIS CAR TO
DIFFERENT PLACES. THE POLICE
ARRESTED ME AND TOOK ME TO A
DETENTION CENTER. THE JUDGE TOLD
ME THAT I WAS A CRIMINAL, THAT
THEY ALL TREATED ME AS A
CRIMINAL, THE COURT SYSTEM NEVER
KNEW I HAD BEEN A VICTIM OF
HUMAN TRAFFICKING TWICE. ONCE
FOR LEGAL WORK AND OTHER ONES
BECAUSE I WAS CAUGHT TO COMMIT A
CRIME OR TRANSPORTING DRUGS. I
LATER LEARNED THAT THIS WAS
HUMAN TRAFFICKING FOR FORCED
CRIMINALITY. THE SYSTEM DIDN'T
ACKNOWLEDGE WHAT HUMAN
TRAFFICKING WAS, ESPECIALLY
CHILD LABOR TRAFFICKING. IT WAS
KNOWN SEX TRAFFICKING BEFORE,
BUT AT THE MOMENT, THE COURT AND
THE JUDGE DIDN'T KNOW THAT. AND,
I DIDN'T WANT TO LEAVE BECAUSE I
WAS THINKING NO ONE WAS ON MY
SIDE WHILE I WAS IN, IN IN JAIL.
I INTEND TO KILL MYSELF. WHEN I
WAS 18, I THINK I WAS BEING
TRANSFERRED FROM A JUVENILE TO A
ADULT PRISON, AND THE PUBLIC
DEFENDER CALLED COALITION TO
ABOLISH SLAVERY AND TRAFFICKING.
CGRTS HELP ME TO IDENTIFY ME AS
SOMEONE WHO HAS LABORED TRAFFIC
AND CONNECT ME TO SERVICES,
BECAUSE NO ONE SAW ME AS A
VICTIM AND NO ONE AS WHEN I WAS
ARRESTED, INSTEAD GIVING HELP.
THERE ARE A LOT OF CHILDREN WITH
SIMILAR STORIES LIKE MINE WHO
COULD BENEFIT FROM SB 998 IF THE
SYSTEM HAS BEEN TRAINED TO
IDENTIFY ME, I WOULD HAVE
UNDERSTOOD WHAT HAPPENED TO ME,
WHAT HAPPENED TO ME, WHY I WAS
CRYING WAS A CRIME THAT WAS NOT
A CRIMINAL. ALSO, MAYBE I WOULD
NOT HAVE BEEN TRAFFICKED TWICE,
OR SOMEONE WHO HAD CALLED THE
CHILD WELFARE SYSTEM AND
IDENTIFY ME AS A FOREIGNER IN
THE FURNITURE FACTORY EARLY,
WHERE I WAS WORKING AS A CHILD
FOR TWO YEARS WITHOUT GETTING
HELP. AND THEN IT WAS ONLY
ANOTHER CRIMINAL WHO ENDED UP
HELPING ME AND THEN EXPLOITING
ME. SB 998 WILL HELP, CHILD WILL
HELP CHILD AND LABOR TRAFFICKING
VICTIMS JUST LIKE ME. FOR THIS
REASON, I ASK YOU TO VOTE FOR
THIS BILL TO PASS. THANK YOU.
HEY, WE NEED TO MOVE ALONG. YOU
HAVE A LITTLE BIT OF A SHORTENED
TIME, BUT PLEASE GO AHEAD. I
WILL TRY TO GO AS FAST AS
POSSIBLE. HELLO, EVERYBODY. MY
NAME IS ARADHNA TIWARI AND I AM
THE SENIOR POLICY COUNSEL FOR
THE SUNITA JAIN ANTI-TRAFFICKING
INITIATIVE AT LOYOLA LAW SCHOOL.
PRIOR TO JOINING THIS POSITION,
I MYSELF WORKED FOR TEN YEARS AS
AN IMMIGRATION ATTORNEY ON
COMPLEX REMOVAL DEFENSE CASES,
PRIMARILY INVOLVING SURVIVORS OF
TRAFFICKING FACING DEPORTATION.
WHAT HAS BEEN MOST ALARMING TO
ME IN MY WORK IN DIRECT SERVICES
IS THAT THE NUMBER OF
INDIVIDUALS THAT I HAVE
REPRESENTED WHOSE VICTIMIZATION
ACTUALLY BEGAN IN THEIR YOUTH,
WHO WERE EITHER OVERLOOKED,
IGNORED OR DISMISSED BY THE
SYSTEMS INTENDED TO PROTECT THEM
. THIS BILL, FORMALLY AB 235,
WAS ORIGINALLY ON THE ON
GOVERNOR BROWN'S DESK IN 2014,
AND HE VETOED THIS MEASURE,
CITING THAT THE BILL WAS
PREMATURE AND MORE INFORMATION
WAS NEEDED ON CHILD LABOR
TRAFFICKING, WHERE THE ORIGINAL
INTENT OF THE BILL WAS TO
CLARIFY THAT CHILD ABUSE
INCLUDED ALL FORMS OF HUMAN
TRAFFICKING, THE LEGISLATION
THAT WENT INTO EFFECT THAT YEAR
ONLY RECOGNIZED COMMERCIAL
SEXUAL EXPLOITATION AS A AS AS A
FORM OF HUMAN TRAFFICKING, THUS
EXCLUDING PROTOCOL AND TRAINING.
DEVELOPMENT IN THE CHILD WELFARE
SYSTEM FOR CHILDREN WHO HAVE
EXPERIENCED LABOR TRAFFICKING.
THE RESULT IS THAT TEN YEARS
AFTER SPECIAL PROTECTIONS WERE
PUT INTO PLACE FOR CHILD SEX
TRAFFICKING VICTIMS IN
CALIFORNIA, THE STATE HAS NOT
ADDRESSED CHILD LABOR
TRAFFICKING WITHIN THE WELFARE
SYSTEM AT ALL. THE FAILINGS OF
THIS HAVE BEEN REPORTED IN THE
LITTLE HOOVER COMMISSION IN 2020
AND AGAIN IN 2024. I WAS ALARMED
WHEN I FIRST BEGAN WORKING WITH
SURVIVORS OF HUMAN TRAFFICKING
AT THE NUMBER OF INDIVIDUALS WHO
WERE ARRESTED FOR COMMERCIAL
SEX. IT WAS INSANE TO WORK WITH
CHILDREN THAT WERE AS YOUNG AS
11 OR 12 WHO HAD BEEN ARRESTED.
MULTIPLE TIMES FOR COMMERCIAL
SEX WORK. OUR CHILD WELFARE
SYSTEM HAD FAILED THESE
CHILDREN, BUT IT CORRECTED THESE
MISTAKES IN 2014 BECAUSE THE
STATE HAS FAILED TO CLARIFY THAT
CHILD ABUSE INCLUDES FORMS OF
LABOR TRAFFICKING, WE NOW SEE AN
ALARMING NUMBER OF CHILDREN WHO
ARE SUBJECTED TO FORCED LABOR BY
FORCED CRIMINALITY, WHO ARE
BEING ARRESTED AND CRIMINALIZED,
JUST AS THE STATE DID PRIOR TO
THE LEGISLATIVE CHANGE IN 2014.
I KNOW THIS IS A PROBLEM BECAUSE
REPORTS AND EVIDENCE SUGGEST THE
CONNECTION BETWEEN ALL FORMS OF
HUMAN TRAFFICKING AND THE CHILD
WELFARE SYSTEM, AND BECAUSE OF
MY OWN PROFESSIONAL EXPERIENCE,
JUST IN THE LAST MONTH, OUR
PROGRAM PROVIDE TECHNICAL
PROVIDED TECHNICAL ASSISTANCE ON
A SEX TRAFFICKING CASE TO A
DEPENDENCY ATTORNEY. WE'LL JUST
HAVE YOU WRAP UP YOUR YOUR
STATEMENT. OKAY THEN LET ME JUST
JUMP TO THE END. ALL CHILDREN
WHO ARE VICTIMS OF HUMAN
TRAFFICKING, WHILE THEY
EXPERIENCE EACH CHILD WHO IS A
VICTIM OF HUMAN TRAFFICKING, HAS
UNIQUE NEEDS. HOWEVER, THE
FACTORS UNDERLYING THAT
VULNERABILITY ARE THE SAME
CHILDREN FACING HOUSING
INSECURITY, UNSTABLE HOMES, AND
OTHER DESPERATE MEANS TO FIND
STABILITY ARE VULNERABLE TO
HUMAN TRAFFICKING. AND IN THE
END, WHEN WE ARE NOT
ACKNOWLEDGING THIS AS A PROBLEM
WITHIN THE WITH WITH THE
CHILDREN WHO ALREADY HAVE
CONTACT WITH THE CHILD WELFARE
SYSTEM, WHAT IS HAPPENING IS
THAT THE OVERWHELMING NUMBER OF
CHILDREN WHO ARE SUBJECTED TO
THIS TYPE OF CRIME ARE BEING
OVERLOOKED, IGNORED AND
DISMISSED OR CRIMINALIZED, AND
THAT IS SIMPLY UNACCEPTABLE.
GIVEN THE EXPLOSIVE NUMBER SO
MUCH WE'RE GOING TO HAVE TO WRAP
UP. THANK YOU. ALL RIGHT. SO WE
WILL OPEN UP TO THE PUBLIC, THIS
IS THE OPPORTUNITY FOR ANY
MEMBERS OF THE PUBLIC THAT WANT
TO EXPRESS SUPPORT, TO COME TO
THE MICROPHONE AND GIVE THEIR
NAME, ORGANIZATION AND THEIR
POSITION. PLEASE KEVIN ESTÁN,
COLUSA, CALIFORNIA WELFARE
RIGHTS ORGANIZATION, STRONG
SUPPORT. THANK YOU. THANK YOU.
ANY SUPPORT? GO AHEAD. WE'LL
GIVE YOU TIME. CHRISTOPHER
SANCHEZ WITH THE GROUP
REPRESENTING CARISSA AND THE
CENTRAL AMERICAN RESOURCE CENTER
IN SUPPORT. THANK YOU. THANK
YOU. OKAY. ALL RIGHT. WE'LL WAIT
TO HEAR FROM SERGEANTS OKAY.
GREAT. THAT'S ALL OUR SUPPORT. I
WILL NOW INVITE THE OPPOSITION
TO COME FORWARD TO GIVE THEIR
TESTIMONY. YOU WILL EACH BE
GIVEN TWO MINUTES TO PRESENT.
OKAY. AND WE'LL NHÀ. YEAH
SERGEANTS, WHEN WE DO Q&A, I
USUALLY HAVE THE WITNESSES HERE
TO ANSWER. OKAY. THANK YOU.
THANKS, CHRIS. WELCOME SO I'LL
ASK YOU BOTH TO STATE YOUR NAME
AND YOUR ORGANIZATION. AND
YOU'LL EACH HAVE TWO MINUTES TO
SPEAK WHEN YOU'RE READY, EILEEN
KUBINSKI WITH THE COUNTY WELFARE
DIRECTORS ASSOCIATION. WHILE WE
APPRECIATE THE AUTHOR'S INTENT
WITH SB NINE 8998 TO HELP LABOR
TRAFFICKING VICTIMS,
UNFORTUNATELY WE DO OPPOSE THE
BILL AT THIS TIME. THE MANDATE
OF THE CHILD WELFARE SYSTEM IS
TO PROTECT CHILDREN FROM ABUSE
AND NEGLECT FROM THEIR PARENTS
AND CAREGIVERS. OUR WORKERS ARE
TRAINED TO INVESTIGATE THOSE
ALLEGATIONS AND RESPOND
ACCORDINGLY. WHILE COMMERCIALLY
SEXUALLY EXPLOITED CHILDREN CAN
NEVER CONSENT TO SEX TRAFFICKING
AS A MINOR, LABOR TRAFFICKING
INVESTIGATIONS ARE MUCH MORE
COMPLEX, AS MINORS CAN
PARTICIPATE IN ANY NUMBER OF
WORK ACTIVITIES LEGALLY. IT
WOULD THEREFORE BE UP TO THE
CHILD WELFARE SYSTEM TO
DETERMINE IF FORCE, FRAUD OR
COERCION WERE PART OF THE
CHILD'S LABOR. WE'RE CURRENTLY
THIS IS THE JURISDICTION OF
TRAINED LAW ENFORCEMENT OR THE
LABOR DEPARTMENT TO INVESTIGATE
AND HANDLE HAS CONCERNS ABOUT
WHETHER THE CHILD WELFARE
SYSTEM, IN AND OF ITSELF, IS
CURRENTLY PREPARED TO HANDLE
INVESTIGATING THESE CASES. WE
ALSO HAVE CONCERNS ABOUT THE
CURRENT CAPACITY OF THE SYSTEM
TO PROVIDE APPROPRIATE SERVICES
TO THESE VICTIMS, WHERE PARENTS
MAY ALSO BE THE VICTIMS OF
UNSCRUPULOUS TRAFFICKERS, OR THE
COERCION COULD BE A CHILD
WORKING TO HELP PAY OFF A FAMILY
DEBT, CONTACT WITH THE CHILD
WELFARE SYSTEM, AND POTENTIAL
REMOVAL OF A CHILD FROM THEIR
HOME MAY EXACERBATE THE TRAUMA
BY CREATING MORE SYSTEM CONTACT
WITH NO CLEAR PATH FORWARD,
SIMPLY EXPANDING THE EXISTING
CSEC PROGRAM IS CURRENTLY
PROPOSED IS NOT THE ANSWER. SEX
TRAFFICKING AND LABOR
TRAFFICKING ARE DISTINCT, AND
ALTHOUGH SOME VICTIMS MAY
EXPERIENCE BOTH, THE SERVICES
OFFERED SHOULD BE PROVIDED BASED
ON WHAT THE VICTIM EXPERIENCED.
IF THE LEGISLATURE DECIDES TO
MOVE FORWARD WITH SB 998, WE
NEED THE SAME APPROACH AS WHEN
CSEC WAS INCORPORATED INTO CHILD
WELFARE'S MANDATE, PROVIDING
DEDICATED, ONGOING, DISTINCT
FUNDING AND TRAINING
REQUIREMENTS WITH ONGOING
IMPLEMENTATION AND TECHNICAL
ASSISTANCE FROM THE STATE, AS
WELL AS IDENTIFYING AND
CONTRACTING WITH SERVICE
PROVIDERS WHO CAN MEET THE NEEDS
OF THIS PARTICULAR TRAUMA AND
CHILDREN. SB 998, IN ITS CURRENT
FORM, CREATES A NEW MANDATE FOR
A NEW POPULATION WITHOUT
ENSURING THERE IS ADEQUATE
TRAINING, POLICY, SERVICES OR
FUNDING IN PLACE TO DO SO. AND
IF THE BILL MOVES FORWARD, WE
ARE COMMITTED TO WORK, TO
ONGOING DISCUSSIONS, TO TRY TO
GET IT TO A PLACE WHERE WE CAN
REMOVE OUR OPPOSITION. THANK YOU
. AMANDA CHRISTIAN WITH CWA HERE
FOR TECHNICAL QUESTIONS. THANK
YOU. ALL RIGHT. THANK YOU SO
MUCH. WE WILL NOW THEN MOVE THE
OPPOSITION. ANY MEMBERS OF THE
PUBLIC WHO WISH TO SHARE THEIR
OPPOSITION TO THIS BILL, PLEASE
COME FORWARD. NAME ORGANIZATION
AND POSITION ONLY. OKAY. GREAT
HEARING AND SEEING NONE. WE WILL
BRING THE CONVERSATION. OH,
EXCUSE ME, MY NAME IS JAMARI
FERNANDEZ AND I WANT TO EXPRESS
MY SUPPORT, NOT SUPPORT. OKAY.
THANK YOU SO MUCH. ALL RIGHT,
CHECK THE HALLWAYS REAL QUICK.
ARE WE GOOD? ALL RIGHT. WE'LL
NOW BRING THE CONVERSATION BACK
TO THE COMMITTEE. QUESTIONS OR
CONCERNS FOR THE AUTHOR? I'LL
GO. SENATOR BLAKE AND SENATOR
MENGIBAR. YES. THANK YOU. I
APPRECIATE YOU BRINGING THIS
BILL. AND I THOUGHT YOUR
WITNESSES WERE EXCELLENT AND
PROVIDED A LOT OF IMPORTANT
INFORMATION. AND I ALSO
APPRECIATED WHAT WAS JUST
SHARED, THIS IS NOT AN AREA THAT
I ALREADY KNOW A LOT ABOUT, AND
IT DOES SEEM AS IF THERE IS A
SOLUTION THAT IS NEEDED HERE.
THIS, THERE'S CLEARLY A
POTENTIAL PROBLEM. AND IN SOME
WAYS, AS THE GENTLEMAN WAS
SPEAKING HERE, I WAS THINKING IS
WHAT HE NEEDED WAS THE STABILITY
OF HOUSING AND MAYBE A FOSTER
CARE SYSTEM BECAUSE, BECAUSE
BASICALLY THE JOB AND THE
EXPLOITATION WAS COMING FROM,
FROM THE JOB THAT YOU NEEDED IN
ORDER TO HAVE A PLACE TO LIVE,
I'M CONCERNED ABOUT WHAT THE
OPPONENT, THE OPPOSITION, WAS
SAYING, AND I WANTED TO JUST
HEAR FROM THE AUTHOR ABOUT WHY
YOU THINK THE COMMITTEE
CONSULTANT ANALYSIS SAID THAT
THE CAL OSHA LABOR TRAFFICKING
UNIT MIGHT BE THE BETTER PLACE
FOR THIS TO BE, HOUSED. AND I
JUST WANTED TO HEAR FROM THE
AUTHOR ABOUT WHY YOU DON'T THINK
THAT'S THE CASE. AND THEN ALSO,
JUST PARTICULARLY AROUND THE
REALITIES THAT, THAT, IF
CHILDREN ARE NOT BEING ABUSED OR
NEGLECTED, THEY'RE BEING LABOR
TRAFFICKED THAT THOSE ARE REALLY
DIFFERENT. SO I GUESS THAT'S ONE
OF THE QUESTIONS IS, IS THIS THE
BEST PLACE FOR IT TO BE HOUSED?
THE CHILD WELFARE AGENCY? SURE.
WELL, I'M GOING TO LET THEM
ANSWER SOME TECHNICAL QUESTIONS,
BUT I JUST WANTED TO SHARE THAT,
WE ALREADY HAVE KNOWLEDGE THAT
TEN OTHER COUNTIES HAVE BEEN
IMPLEMENTING THE LABOR
TRAFFICKING INTO THE CSEC
PROGRAM, SO IT'S ALREADY WORKING
WITHIN THEIR BUDGET AND WITH
MINIMAL COSTS. SO THEY'RE
ALREADY DOING IT IN TEN OTHER
COUNTIES. SO WE JUST WANTED TO
SEE IF WE CAN MAKE THIS WORK
CLEARLY. I THINK I ALSO HEARD,
SOMEONE SAY, YOU KNOW, PUBLIC
SAFETY IN OTHER AREAS. IT IS A
GROWING PROBLEM. AND IF YOU'RE
NOT NECESSARILY TRAINED OR AND I
DO A LOT ON DOMESTIC VIOLENCE,
AS YOU ALL KNOW, AND WE RELY ON
IT IN OUR PUBLIC SAFETY ALL THE
TIME. AND YET, YOU KNOW, VICTIMS
CONTINUE TO FALL THROUGH THE
CRACKS. AND BECAUSE THESE ARE
CHILDREN THAT WE'RE DEALING
WITH, WHEN YOU THINK OF SEX
TRAFFICKING AND SOME OF THE
COERCION AND TRAUMA THAT THEY
THEY DEAL WITH, IT'S NOT THE
SAME, CLEARLY, SEX TRAFFICKING
AND LABOR TRAFFICKING, BUT
THEY'RE STILL CHILDREN AND THEY
STILL NEED TO BE IDENTIFIED. I
THINK THE BIGGEST ISSUE FOR ME
IS THAT THEY'RE NOT BEING
IDENTIFIED LIKE THIS GENTLEMAN
THAT JUST TOLD A STORY. THEY'RE
NOT BEING IDENTIFIED. SO WE NEED
SOMEONE WITH THAT EXPERTISE. BUT
I'LL TURN IT OVER TO RANA. GO
AHEAD AND SEE IF YOU CAN ADD TO
THAT. YEAH, DEFINITELY. OH,
EXCUSE ME, CAN YOU HEAR ME? YES.
OKAY. THANK YOU, SENATOR BLAKE
SPEAR, FOR YOUR QUESTION. SO WE
AGREE WITH THE COMMITTEE
ANALYSIS THAT OUR CIVIL AGENCIES
LIKE CAL OSHA, SHOULD BE GIVEN
MORE AUTHORITY AND RESOURCES TO
SUPPORT SURVIVORS OF LABOR
TRAFFICKING. AND WE HOPE WE HAVE
THE COMMITTEE SUPPORT ON SUCH
MEASURES IN THE FUTURE. HOWEVER,
WE BELIEVE SUCH PROTECTIONS WILL
NOT ADDRESS A PRIMARY PROBLEM IN
CALIFORNIA'S CURRENT DEFINITION
OF CHILD ABUSE, WHICH EXCLUDES
LABOR TRAFFICKING. CURRENTLY
CHILDREN WHO ARE FORCED TO
COMMIT CRIMES ARE BEING
WRONGFULLY ARRESTED,
INCARCERATED, AND OFTEN DEPORTED
INSTEAD OF BEING PROTECTED BY
THE SYSTEM INTENDED TO PROTECT
ALL CHILDREN. AS I MENTIONED IN
MY IN MY TESTIMONY PRIOR TO
2014, WE SAW THIS EXACT SAME
PATTERN WITH CHILDREN SUBJECTED
TO COMMERCIAL SEX. WE SAW THEM
BEING ARRESTED INSTEAD OF BEING
IDENTIFIED AS SURVIVORS OF ABUSE
WHO NEED SUPPORT, LABOR
TRAFFICKING BY FORCE.
CRIMINALITY REFERS TO ALL LABOR
TRAFFICKING WHERE THE LABOR IS
ILLEGAL IS AN ILLEGAL ACTIVITY
LIKE THEFT, ASSAULT, DRUG
DEALING, OR COMMERCIAL SEX,
WHEREAS AN INDIVIDUAL WHO IS SEX
TRAFFICKED IS FORCED FRAUD,
FORCED DEFRAUDED, AND COERCED TO
COMMIT A SEXUAL ACT. AN
INDIVIDUAL WHO IS LABOR
TRAFFICKED BY FORCED CRIMINALITY
IS FORCED, DEFRAUDED, AND
COERCED INTO COMMITTING A
DIFFERENT TYPE OF CRIME.
RESEARCH HAS SHOWN THAT AS MANY
AS HALF HALF OF ALL IDENTIFIED
HUMAN TRAFFICKING SURVIVORS
AMONGST YOUTH FACING
HOMELESSNESS, THAT IS, CHILDREN
ALREADY IN CONTACT WITH THE
CHILD WELFARE SYSTEM HAVE BEEN
LABOR TRAFFICKED. HALF AMONG
THIS GROUP. THE MOST COMMON
CAUSE YOU BECAUSE I JUST WANT TO
MAKE SURE WE'RE ANSWERING THE
QUESTION AND NOT GIVING RE
TESTIMONY. YEAH. AND I GUESS
WHAT I REALLY WOULD YOU KNOW, I
WOULD LIKE, MAYBE SOME THOUGHT
ABOUT OR SOME FEEDBACK ABOUT THE
ISSUE OF KIDS WHO ARE
CONTRIBUTING TO THEIR FAMILY.
SO, SO THERE ARE MANY FAMILIES
THAT HAVE FAMILY BUSINESSES OR
THE KIDS ARE WORKING TO HELP
SUPPORT THE FAMILY FINANCES. AND
THERE ARE, AS THE OPPOSITION
WITNESS SAID, THERE ARE A LOT OF
LEGAL WAYS THAT THAT MINORS CAN
BE WORKING. SO HOW IS IT THAT
THAT WOULD BE RECONCILED OR
NEGOTIATED? AND I THINK THAT
THAT'S PART I DO THINK THAT'S A
PARTICULAR COMPLEXITY HERE. SURE
AND BEFORE SHE ANSWERS MORE
TECHNICAL ANSWERS, BECAUSE IT'S
DOUBLE REFERRED, WE'VE BEEN
TALKING TO JUDICIARY COMMITTEE,
TOO, BECAUSE WE WANT TO MAKE
SURE WE DON'T PUT YOU ALL
THROUGH SOMETHING THAT'S NOT
GOING TO PASS ON JUDICIARY. SO
THEY HAD ALREADY EXPRESSED SOME
LANGUAGE THAT WE CAN INCORPORATE
THAT'S VERY SPECIFIC. AND THEY
WANTED US TO CONSIDER THE FACT
THAT A CHILD IS THE VICTIM OF
HUMAN TRAFFICKING, DOES NOT
ALONE CONSTITUTE GROUNDS FOR A
SOCIAL WORKER TO TAKE TEMPORARY
CUSTODY OF A CHILD. TO BE MORE
SPECIFIC, I THINK WE TALKED
ABOUT WHAT SOME OF YOU, MAYBE
SOMEONE WORKING ON THE WEEKEND
ON THEIR, YOU KNOW, RESTAURANT,
YOU KNOW, A FAMILY RESTAURANT
THAT DOES NOT IN ITSELF
CONSTITUTE CALLING SOMEONE, YOU
KNOW, THEY'RE BEING LABOR
TRAFFICKED, BUT THERE HAS TO BE.
THAT'S WHY WE WANT TO IDENTIFY
AND MAKE SURE THAT WE HAVE A
SOCIAL WORKER TO IDENTIFY. IS
THIS FORCED OR IS THIS JUST
CONTRIBUTING TO THE FAMILY? SO
IT'S JUST A SAFEGUARD. BUT WE
ARE TALKING ABOUT SPECIFIC
LANGUAGE TO YOUR CONCERN. AND
JUDICIARY IS WORKING WITH US.
AND I KNOW IT DOESN'T HELP RIGHT
NOW, BUT I'LL TURN IT OVER TO
YOU TO ADD A LITTLE BIT TO MORE
OF THAT. AND PLEASE FOCUS JUST
ON THE QUESTION. DEFINITELY. SO,
TO ANSWER SPECIFICALLY YOUR
QUESTION, WE ARE NOT WE ARE
ADVOCATING FOR CHILDREN ALREADY
IN THE SYSTEM TO BE BETTER
IDENTIFIED. AND SECTION G, THAT
WAS THAT IS PART OF THIS
LEGISLATION. THÀNH IS DESIGNED
BY PRACTITIONERS TO PROTECT
PARENTS FROM BEING AT BLAME FOR
THEIR CHILDREN'S VICTIMIZATION.
BECAUSE WE SEE THIS ALL THE TIME
WHEN YOU WORK IN DIRECT
SERVICES, THIS TYPE OF
PROTECTION IS NEEDED FOR SEX AND
LABOR TRAFFICKING SURVIVORS, AND
THIS BILL IS SETTING THE SAME
STANDARD FOR BOTH TYPES OF CRIME
IN WHICH INDIVIDUALS WHO FIRST
IDENTIFY THIS FORM OF CHILD
ABUSE, THEN MUST MAKE AN
ADDITIONAL ASSESSMENT AS TO
WHETHER OR NOT THERE IS ACTUAL
ABUSE OR NEGLECT IN THE HOME,
THEREBY AVOIDING THE UNINTENDED
CONSEQUENCES THAT YOU ARE
LISTING OF CHILDREN WHO ARE
WORKING TO SUPPORT THEIR
FAMILIES, NOT NECESSARILY
CHILDREN WHO ARE BEING FORCED
FRAUD OR COERCED INTO A TYPE OF
LABOR. OKAY AND I JUST WANT TO
SAY FOR THE RECORD, I'M SORRY,
I'LL CONCLUDE SHORTLY, BUT, TO
ME, IT SEEMS LIKE WE NEED TO
HAVE SOME TYPE OF SYSTEM IN
PLACE, NOT JUST WHERE THERE'S AN
ANALYSIS OF, OH, THIS CHILD IS
HELPING SUPPORT THE FAMILY, BUT
THERE, I'M SURE, ARE MANY
CIRCUMSTANCES WHERE WHERE THE
CHILD IS ACTUALLY WORKING TOO
MUCH. AND THERE NEEDS TO BE
SOME, SOME TYPE OF INTERVENTION
OR OVERSIGHT THAT SAYS, HEY, YOU
CAN'T CONTINUE TO DO THIS OR
THERE WILL BE THESE CONSEQUENCES
. BUT BUT BASICALLY THAT
RECOGNIZES THAT THE CHILD IS
OTHERWISE NOT AN ABUSED OR
NEGLECTED AND THAT AND THAT THEY
SHOULD, YOU KNOW, FOLLOW THE
CHILD LABOR LAWS THAT WE HAVE.
BUT I JUST I DID WANT THE,
OPPOSITION WITNESS JUST TO
BRIEFLY ADDRESS THAT QUESTION OF
WHERE DO YOU THINK THIS IS BEST
HOUSED? DO YOU THINK IT'S CAL
OSHA LABOR TRAFFICKING UNIT, OR
IS THERE SOME OTHER PLACE, GIVEN
THAT THIS IT SEEMS LIKE THIS IS
A PROBLEM. WHAT WHAT WOULD BE
THE SUGGESTION THAT YOU WOULD
HAVE FOR HOW THIS COULD BE
HANDLED? I THINK TO SOME DEGREE
IT DEPENDS ON THE SITUATION,
THERE ARE, NUMEROUS NUMEROUS
EXAMPLES TO THE SPONSOR'S POINT
WHERE THERE ARE ALREADY CHILDREN
AND YOUTH IN OUR SYSTEM WHO ARE
ALSO VICTIMS OF LABOR
TRAFFICKING AND, AND, INCLUDING
IN CSEC. THERE'S THERE ARE
CROSSOVER YOUTH. THERE'S YOUTH
WITH BOTH EXPERIENCES. AND I
DON'T KNOW THAT WE KNOW HOW MANY
THERE ARE, AND CERTAINLY THOSE
YOUTH THAT ARE SUBJECT TO OTHER
ABUSE AND NEGLECT ARE
ABSOLUTELY, APPROPRIATELY TO BE
SERVED IN OUR SYSTEM, OUR SYSTEM
THAT STILL DOES NOT GIVE US THE
CAPACITY NECESSARILY TO HAVE THE
SERVICES THAT WOULD ADDRESS THE
SPECIFIC TRAUMA OF LABOR
TRAFFICKING, BUT THAT IS
CERTAINLY SOMETHING WE'RE WE ARE
WILLING TO TALK ABOUT HOW WE
DEVELOP THAT CAPACITY IN OUR
SYSTEM, BUT THAT IS DIFFERENT
FROM THE, THE, THE YOUTH THAT
YOU'RE MENTIONING WHERE THERE
ARE, THERE ISN'T PARENTAL ABUSE
OR NEGLECT ALSO INVOLVED. AND
THAT AREA IS MUCH MORE GRAY. AND
THAT'S WHERE IT'S UNCLEAR TO US
WHETHER OUR WHETHER THE CHILD
WELFARE SYSTEM IS THE RIGHT
SYSTEM FOR THOSE YOUTH VERSUS
ANOTHER SYSTEM. OKAY. THANK YOU.
THANK YOU. CHAIR SENATOR
MENGIBAR, THANK YOU SO MUCH,
SENATOR RUBIO, CAN YOU CLARIFY,
WOULD THIS IN YOUR INTENTION BE
ADDED AS ANOTHER THING FOR
SOMEONE TO CALL IN AND MAKE A
REPORT? WELL, IT'S NOT
NECESSARILY OUR INTENT TO JUST
GIVE SOMEONE LIKE A MANDATED
TEACHER TO REPORT THIS. THIS IS
ALREADY IN PLACE, AS I WERE
SAYING, THAT MOST OF THE
CHILDREN THAT WERE TRYING TO
CAPTURE ARE THOSE THAT ARE
ALREADY IN THE SYSTEM. AND THE
REASON I BROUGHT IT UP, AND I
THINK IT ANSWERS YOUR QUESTION,
IS THAT WHERE TO LOCATE THIS
SERVICE IS THAT TEN OTHER
COUNTIES ARE ALREADY DOING IT.
IT'S BECAUSE OF THE CROSSOVER.
AND WE'RE DEALING WITH CHILDREN.
AND IT'S ABOUT I THINK THE
BIGGEST ISSUE IS IDENTIFY THE
CHILDREN, WHICH IS NOT HAPPENING
OVER AND OVER AGAIN, WHERE YOU
DON'T KNOW WHO THESE KIDS ARE,
BUT THE INTENT IS NOT TO MAKE
ANOTHER REPORT. BUT I'M GOING TO
LET MY WITNESS ANSWER A LITTLE
BIT FURTHER WITH MORE TECHNICAL.
COULD YOU REPEAT YOUR QUESTION,
SENATOR MENGIBAR? SO THE REASON
FOR MY QUESTION IS, EVEN IN
ANALYSIS, THE SENATE 2022, CHILD
WELFARE AGENCIES RECEIVED
440,212 REPORTS OF THOSE, 51
WERE SUBSTANTIATED. OF THOSE
NINE TÍNH THOUSAND APPROXIMATELY
WERE REMOVED FROM THEIR HOMES, I
KNOW WE'RE INUNDATED ALL ACROSS
THE STATE. IS THIS SOMETHING THE
CHILD WELFARE AGENCIES, SOCIAL
WORKERS, WHAT HAVE YOU ARE GOING
TO NOW ALSO BE RESPONDING TO
CONFIRM THAT THERE IS CHILD
LABOR TRAFFICKING HAPPENING? IT
IS OUR HIGH HOPE THAT ALL CHILD
WELFARE WORKERS ARE TRAINED AND
ABLE TO IDENTIFY ALL FORMS OF
HUMAN TRAFFICKING. OKAY? AND SO
THE INTENT WITH THIS BILL IS
THAT IF A CHILD WELFARE WORKER
RECEIVES A CALL AND THIS IS THE
WAY THE BILL IS STRUCTURED, THEY
WILL FIRST THEY WILL FIRST BE
TRAINED ON FORCE FRAUD AND
COERCION, WHICH IS THE LEGAL
CRIMINAL STANDARD FOR LABOR
TRAFFICKING FOR ALL HUMAN
TRAFFICKING, THEY WILL FIRST
MAKE THAT DETERMINATION OF IF
THIS LABOR WAS PERFORMED UNDER
FORCE, FRAUD OR COERCION. THAT'S
THE 230 6.1 CRIMINAL CODE FOR
LABOR TRAFFICKING. AND THEN MAKE
A DETERMINATION ABOUT WHETHER
THERE IS ABUSE OR NEGLECT AT
HOME. IF THERE'S NO IN THOSE
INSTANCES, IF THE CHILD, THERE
IS NO ABUSE OR NEGLECT IN THE
HOME, WHICH IS THE CHILD WELFARE
DUTY TO MAKE SURE ALL CHILDREN
ARE SAFE, THEN THE CHILD DOESN'T
ENTER THE CHILD WELFARE SYSTEM
AND THAT IS HOW SECTION G IS
DESIGNED. IN ORDER TO GUARD
AGAINST THESE TYPES OF
UNINTENDED CONSEQUENCES. AND I
DON'T THINK AND I HOPE WE'RE
PORTRAYING THIS. NO. ONE I DON'T
BELIEVE HERE IS SAYING THERE IS
NO NEED HERE. THERE IS 100% OF
NEED. YES IN THIS POPULATION, WE
I THINK WE ALL AGREE ON THAT
PART. MY FEAR IS PUTTING IT IN
AN AREA AND I HATE DOING THIS
LIKE NO ONE SHOULD BE PITYING
LIKE THIS IS MORE VULNERABLE
THAN THE OTHER. I'M NOT SAYING
THAT WHATSOEVER, BUT WE HAVE A
SYSTEM IN PLACE TO ADDRESS
ABUSE, NEGLECT, AND THOSE NEEDS
ARE SO SPECIFIC AND UNIQUE THAT
I DON'T THINK THEY TRANSFER OVER
TO THE NEEDS IN THIS POPULATION
THAT WE'RE TALKING ABOUT. AS
SOMEBODY WHO HAS WORKED WITH SEX
AND LABOR TRAFFICKING SURVIVORS
FOR MY ENTIRE CAREER AND WHO HAS
WORKED WITH MANY DIRECT SERVICE
PRACTITIONERS, THE VULNERABILITY
FACTORS UNDERLYING EACH TYPE OF
HUMAN TRAFFICKING ARE SIMILAR
CHILDREN WHO ARE EXPERIENCING
HOMELESSNESS, WHO ARE
EXPERIENCING FAMILY INSTABILITY,
WHO ARE DESPERATE FOR STABILITY
IN ANY WAY, SHAPE OR FORM, ARE
VULNERABLE TO HUMAN TRAFFICKING.
AND SO WE HOPE THAT WITH SECTION
G OF THIS BILL, WE ARE ABLE TO
GUARD AGAINST THE THINGS YOU'RE
INTENDING BY MAKING SURE THAT
CHILDREN WHO ARE NOT
EXPERIENCING ABUSE OR NEGLECT AT
HOME ARE THEREBY NOT COMING
UNDER THE PURVIEW OF THE CHILD
WELFARE SYSTEM, BUT THAT THE
INVESTIGATION IS DONE BECAUSE
THE RED FLAG WAS RAISED, THAT
THERE WAS THERE WERE SIGNS OF
LABOR TRAFFICKING AND WE MIGHT
DISAGREE ON THIS, BECAUSE EVEN
WITH THAT RESPONSE, I STILL
THINK DIFFERENT TRAINED
INDIVIDUALS ARE NEEDED TO
RESPOND TO THESE TWO DIFFERENT
DEMOGRAPHIC PICKS. AND I AGREE
THAT THEY'RE BOTH IN VULNERABLE
SITUATIONS AND THEY'RE BOTH
VULNERABLE AND THERE COULD BE AN
ARRAY OF EXTERNAL VARIABLES THAT
ARE SIMILAR TO SOCIOECONOMIC
STATUS AND SO FORTH. BUT I STILL
IN SENATOR, I'VE SHARED WITH YOU
FEAR. AND I'M GOING TO AND I
APOLOGIZE IF THIS LANGUAGE IS
INCORRECT. CAN'T FIGURE OUT HOW
TO SAY IT OTHER WAY. OTHERWISE I
FEAR THAT WE'RE GOING TO PUT
QUDA IN POSITIONS WHERE WE'RE
FURTHER GUN UP, PULL AWAY FROM
RESPONDING TO THE CAUSE OF THE
CHILDREN THEY HAVE
RESPONSIBILITY FOR UNDER MY
QUESTION TO YOU, COUNTIES, IS
THE SENATOR MENTIONED THAT THERE
HAS BEEN A PILOT CALLED THE PACK
PROGRAM WHERE TEN COUNTIES WERE
SELECTED TO DO THIS. IN A REPORT
BACK IN 20. A REPORT BACK IN
2020 SHOWED THAT IT WAS
SUCCESSFUL IN INTEGRATING
SERVICES FOR BOTH SEX AND LABOR
TRAFFICKING. ONE OF THE COUNTIES
THAT PARTICIPATED WAS MY COUNTY,
LÀ COUNTY. AND OTHERS WERE
SACRAMENTO, SAN JOAQUIN, ALAMEDA
, MADERA, SAN LUIS OBISPO, SANTA
BARBARA, VENTURA, SAN BERNARDINO
, AND RIVERSIDE. IF WE HAD THIS
PILOT PROGRAM AND IT WAS
SUCCESSFUL, WHAT GIVES US THE
REASON TO BELIEVE THAT IT WON'T
BE SUCCESSFUL MOVING FORWARD?
I'LL LET AMANDA RESPOND TO THE
TECHNICAL ASPECTS OF IT. I'LL
JUST SAY THAT IT WAS BOTH RIGHT.
THE COMMERCIAL SEX EXPLOITATION
AND LABOR TRAFFICKING. AND SO I
THINK IT'S THAT INDIVIDUAL HAD
BOTH THINGS HAPPEN TO THEM.
YEAH. YEAH. SO WHAT, SO THE
PACKED COUNTIES THAT WERE
CREATED IN 2014 THROUGH THE
BUDGET ACT, WERE GIVEN SORT OF
SEED MONEY TO START FEDERAL
MONEY CAME DOWN AS WELL, AND IT
WAS AN OPT IN PROGRAM FOR THE
COUNTIES. AND IT STARTED WITH
TRAINING. AND OUT OF THAT WAS
DEVELOPED PROTOCOLS AND
INTERAGENCY AGREEMENTS FOR HOW
YOU WERE GOING TO TREAT THE CSEC
YOUTH WHEN THEY WERE BROUGHT
INTO THE SYSTEM AND IDENTIFIED.
RIGHT. SO, FOR INSTANCE, IF A
YOUNG PERSON WAS PICKED UP FOR
COMMERCIAL SEX, IT WASN'T AN
AUTOMATIC ARREST. A SOCIAL
WORKER WAS CALLED. RIGHT? THEY
DID AN ASSESSMENT OF WHAT WAS
GOING ON, AND THEY WERE PUT INTO
THE DEPENDENCY SIDE OF THE
SYSTEM INSTEAD OF THE
DELINQUENCY SIDE OF THE SYSTEM.
AND SO THOSE TEN COUNTIES
STARTED WITH THAT. AND OVER THE
LAST SEVERAL YEARS, AS PART OF
THAT INITIAL TRAINING, THEY HAVE
EXPANDED THEIR TRAININGS TO ALSO
INCLUDE LABOR TRAFFICKING, BUT
ONLY IN IDENTIFYING KIDS WHO
HAVE ALREADY HAD TOUCHED OUR
CHILD WELFARE SYSTEM. SO THEY'RE
NOT GOING NECESSARILY OUT AND
RESPONDING FOR INDEPENDENT LABOR
TRAFFICKING CALLS. THEY'RE
RESPONDING AND NOTICING LABOR
TRAFFICKING WHEN THEY'RE DOING
OTHER CHILD ABUSE
INVESTIGATIONS. RIGHT? YEAH
OCCURRING. SO AND IT'S NOT THAT
SOMETIMES THOSE CALLS DON'T COME
IN. BUT BUT WHAT WE'VE HEARD
FROM OUR COUNTIES AND FROM LÀ
SPECIFICALLY IS MOST OF THE TIME
THERE'S LOTS OF THINGS GOING ON
AT ONCE THAT ARE GETTING OUR
ATTENTION. LABOR TRAFFICKING IS
ONE. IT'S NOT THE ONLY THING.
AND SO FOR THIS PARTICULAR,
PROGRAM, WHAT WE BASICALLY WE
WOULD NEED SOMETHING LIKE THAT
WAS SET UP TEN YEARS AGO TO MAKE
SURE WON THE REST OF THE
COUNTIES THAT HAVEN'T BEEN DOING
THAT PART OF THE TRAINING GET
THAT TRAINING, BUT ALSO THAT
THEY GET ALL THE REST OF THE OPT
IN INFRASTRUCTURE THAT NOT ALL
OF THE COUNTIES HAVE RIGHT NOW.
MADAM CHAIR, I JUST HAVE ONE
MORE QUESTION. I HAVE A COUPLE,
BUT I'LL USE MY TIME FOR A
LITTLE BIT, AND THIS QUESTION IS
FOR BOTH. AND, SENATOR, MAYBE I
SHOULD DIRECT IT TO YOU, BUT
FEEL FREE. DO WE BELIEVE,
OUTSIDE OF THOSE TEN COUNTIES,
WE HAVE COUNTIES THAT HAVE THE
EDUCATION AND TRAINING TO
ADDRESS THESE KIND OF CASES. SO
I WILL LET HER ADDRESS THAT.
BUT, YOU KNOW, I WANT TO JUST
POINT OUT SOMETHING AND THE
PROBLEM OR I KEEP HEARING OVER
LIKE THE CRIMINALITY ASPECT OF
IT. RIGHT. BECAUSE SEX
TRAFFICKING BRINGS A, AN ELEMENT
OF CRIMINALITY. THEY END UP IN
THE SYSTEM, THEY END UP ARRESTED
. BUT, YOU KNOW, WHEN I HEARD,
MY WITNESS, JIMMY'S STORY, THESE
ARE THE STORIES THAT ARE USUALLY
SORT OF THAT BREAK MY HEART
BECAUSE THE HIS STORIES ARE THE
ONES THAT ARE NOT BEING
IDENTIFIED, BUT IT'S ALSO CHILD
ABUSE, YOU KNOW, AND I BELIEVE
SOMEONE LIKE JIMMY, WHO WAS, YOU
KNOW, A LABORER AND BEATEN AND
FORCED INTO THIS LIKE HE SHOULD
HAVE THE SAME ABILITY TO BE
IDENTIFIED. I THINK THAT
IDENTIFYING PART IS WHAT I'M
STRUGGLING WITH. AND YES, IT
WILL TAKE TRAINING JUST LIKE THE
PILOT PROGRAM. BUT WHEN YOU DO,
THE COUNTIES LACK TRAINING RIGHT
NOW. WOULD YOU SAY THERE'S I'LL
TURN IT OVER TO YOU. SO BECAUSE
I NEVER ANSWER YOUR ORIGINAL
QUESTION, WAS DID DO THE
COUNTIES CURRENTLY OR YOU SAID
DOES ANY SERVICE PROVIDER WHAT
WAS YOUR ORIGINAL QUESTION? THE
COUNTY AGENCIES, RIGHT. WOULD
YOU SAY, AT LEAST OUTSIDE OF THE
TEN COUNTIES THAT PARTICIPATE IN
THIS PILOT? BECAUSE I'M ASSUMING
THEY GOT SOME TRAINING? YES, THE
OTHER 48 COUNTIES. WOULD YOU SAY
THAT THEIR EDUCATION THÀNH OR IS
THERE A LACK OF EDUCATION AND
TRAINING FOR COUNTY AGENCIES?
ABSOLUTELY, ABSOLUTELY. DATA
SHOULD BE THE FIRST STEP. I
WOULD SAY THE TRAINING I, I, I
WOULD BELIEVE THAT THE FIRST
STEP IS TO CLARIFY THAT SEX AND
LABOR TRAFFICKING BOTH
CONSTITUTE FORMS OF CHILD ABUSE,
BECAUSE ONLY WHEN WE ACKNOWLEDGE
THE PROBLEM CAN WE ADDRESS IT
THROUGH PROPER TRAINING AND THE
REASON I PREFACE IT THIS WAY IS
BECAUSE THE WAY IN WHICH WE ARE
CHARACTERIZING LABOR TRAFFICKING
LARGELY IGNORES THAT MANY LABOR
TRAFFICKING SURVIVORS EXPERIENCE
HEINOUS FORMS OF ABUSE THAT NEED
SIMILAR SERVICES TO THOSE
CHILDREN WHO ARE WHO ARE
SUBJECTED TO SEXUAL SEX
TRAFFICKING. EXCUSE ME? BEYOND
THAT, AS SOMEBODY WHO'S WORKED
WITH BOTH SEX AND LABOR
TRAFFICKING, THERE NEEDS TO BE A
SHOWING OF FORCE, FRAUD AND
COERCION IN BOTH TYPES OF
TRAFFICKING AND THE TRAINING
THAT'S ALREADY BEEN IN PLACE AT
THE COUNTIES HAS BEEN TRAINING
CHILD WELFARE WORKERS THROUGHOUT
THE STATE FOR TEN YEARS. THAT
SPORTS FRAUD OR THAT SEX, THAT
HUMAN TRAFFICKING ONLY MEANS SEX
TRAFFICKING. SO THEREFORE, WHEN
OUR CHILD WELFARE WORKERS ARE
ENCOUNTERING LABOR TRAFFICKING,
PERHAPS EXCLUSIVE LABOR
TRAFFICKING, THAT HAS NOTHING TO
DO WITH ANY TYPE OF SEXUAL
EXPLOITATION THEY ARE
OVERLOOKING, IGNORING,
DISMISSING OR CRIMINALIZING
THESE CASES INTO THE JUVENILE
DELINQUENCY SYSTEM. BEYOND THAT,
I BELIEVE THAT THE COUNTIES
WOULD. THE COUNTIES ARE
CURRENTLY RECEIVING TRAINING
THAT SEX TRAFFICKING INVOLVES
FORCE, FRAUD AND COERCION
BECAUSE THAT'S PART OF THE LEGAL
DEFINITION. EVEN THOUGH IF YOU
DON'T ULTIMATELY HAVE TO SHOW IT
IN A CHILD TRAFFICKING CASE AND
WE ARE SUGGESTING THAT THAT
TRAINING BE EXPANDED JUST AS IT
HAS BEEN SUCCESSFULLY THROUGH
THE PACK PROGRAM, SO THAT
CHILDREN WHO ARE EXPOSED TO
EITHER TYPE OF TRAFFICKING OR
BOTH TRAFFICKING ARE BETTER
IDENTIFIED FOR WHAT IS ACTUALLY
HAPPENING, RATHER THAN BEING
COMPLETELY OVERLOOKED AND
DISMISSED. JUST AS JIMMY WAS
WHEN HE WAS TRAFFICKED AT 12, 14
AND 15 YEARS OLD. THANK YOU. NO
FURTHER QUESTIONS. THANK YOU.
SENATOR CHOBOQ. SO CURRENTLY. IT
SEEMS LIKE WE PROBABLY ALREADY
HAVE. I KNOW THAT YOU'RE WANTING
TO HAVE A SPECIFIC DEFINITION
FOR CHILD, DEFINITION FOR CHILD
AND LABOR TRAFFICKING. WHAT'S
THAT? CHILD ABUSE. OKAY, SO. AND
I CAN SEE THE QUESTIONS THAT
THEY HAVE, WHETHER OR NOT THIS
SHOULD BE UNDER LABOR OR IF THE
SOCIAL SERVICES, AND THE LACK OF
TRAINING IN TRYING TO IDENTIFY
KIDS THAT ARE CURRENTLY IN THE
IN THE PROCESS RIGHT NOW. SO
FIRST OF ALL, I JUST WANT TO
CLARIFY, WHEN YOU SPEAK OF
CHILDREN WHO NEED TO BE, WHO ARE
WHO. WHO ARE ALREADY IN THE
SYSTEM ARE CURRENTLY IN THE
SYSTEM, YOU'RE SAYING THAT
THEY'RE LACKING THE ABILITY TO
OR PEOPLE HAVE THEY'RE WORKING
WITH THEM TO HAVE TOUCHED THEM,
ARE LACKING THE TRAINING TO
IDENTIFY THE LABOR PART OF IT.
IS THAT CORRECT? THAT'S CORRECT.
OVER 83% OF LABOR TRAFFICKING
SURVIVORS WHO HAVE EXPERIENCED
LABOR TRAFFICKING BY FORCE
CRIMINALITY HAVE HAVE. EXCUSE
ME. OVER HALF OF THE CHILDREN
IDENTIFIED WHO HAVE BEEN
SUBJECTED TO LABOR TRAFFICKING
BY FORCE, CRIMINALITY HAVE
ALREADY HAD CONTACT WITH THE
FOSTER CARE SYSTEM. 90% OF THOSE
CHILDREN HAD AT LEAST ONE PARENT
WHO WAS DECEASED OR ABSENT FOR A
SIGNIFICANT PART OF THEIR
CHILDHOOD. WE ARE SAYING THESE
CHILDREN ARE ALREADY IN
OVERWHELMING NUMBERS IN THE
CHILD WELFARE SYSTEM, AND WHEN
WE DO NOT IDENTIFY THEM
PROPERLY, ONE OF TWO THINGS IS
OCCURRING. THEY ARE EITHER BEING
IGNORED AND TOLD THAT THE CHILD
WELFARE SYSTEM DOES NOT HAVE
JURISDICTION OVER THESE CASES,
SO THEY CANNOT SUPPORT OR
THEY'RE BEING ROUTED TO JUVENILE
DELINQUENCY, WHICH ARE PATHWAYS
TO FURTHER INCARCERATION OR
DEPORTATION. IN THE CASE OF MANY
IMMIGRANTS. SO WHAT IS USUALLY
THE TRIGGER FOR CHILD
CRIMINALITY? WHAT IS THE
TRIGGER? YES SO WHAT IS IT THAT
YOU JUST SAID THAT THEY'RE
NORMALLY PUT INTO THE CRIMINAL
JUSTICE SYSTEM? WHAT TRIGGERS
THAT? WHAT WHAT IS IT? SO IN THE
CASE WHEN JIMMY WAS TRAFFICKED
AT AGE 15, HE WAS DRIVING A CAR
THAT HE DID NOT KNOW HAD DRUGS
IN IT. WHEN THE POLICE PULLED
HIM OVER WITHOUT A LICENSE,
INSTEAD OF ASKING, WHERE'S YOUR
LICENSE? WHY ARE YOU DRIVING AT
15 TÍNH TRIGGERING RED FLAGS,
THEY IMMEDIATELY PUT HIM IN THE
JUVENILE DELINQUENCY SYSTEM, AND
HE RECEIVED A 20 YEAR SENTENCE,
A 20 YEAR SENTENCE. SO HE SERVED
TWO OF THOSE YEARS. AND AT AGE
18, HIS PUBLIC DEFENDER THEN
IDENTIFIED THAT WHAT HAD
HAPPENED TO HIM SOUNDED LIKE
FORCE, FRAUD AND COERCION IN A
COMMERCIAL EXPLOITATIVE CASE,
AND HE WAS FINALLY IDENTIFIED AS
A LABOR TRAFFICKING SURVIVOR AT
AGE 18. AFTER SERVING TWO YEARS
IN JUVENILE DELINQUENCY. FOR
SOMETHING THAT SHOULD HAVE
TRIGGERED THE POLICE CALLING DXF
IMAGE TO MAKE A DETERMINATION IF
THIS CHILD IS A LABOR
TRAFFICKING SURVIVOR, AND THEN
IF THERE'S ABUSE OR NEGLECT IN
THE HOME, OKAY. I ASK SOME
CLARIFYING QUESTIONS JUST ON
YOURS, IF YOU DON'T MIND, ONE, I
JUST WANT TO ACKNOWLEDGE THAT
OUR WITNESSES HERE AND GIVE HIM
THE OPPORTUNITY TO SPEAK ON HIS
BEHALF TO ANSWER QUESTIONS, ARE
YOU, DO YOU HAVE ARE YOU A LEGAL
REPRESENTATIVE OF THE OF THE
WITNESS? NO, I AM NOT. OKAY. ALL
RIGHT. SO I'M GOING TO ALLOW THE
WITNESS TO ANSWER HIS OWN
QUESTIONS, I THINK THE SECOND
THING FOR ME IS THAT I JUST WANT
TO MAKE SURE THAT WE ARE
STICKING TO THE, THE, THIS
ACTUAL POLICY, BECAUSE ONE OF
THE THINGS THAT I SPOKE WITH THE
AUTHOR ABOUT AS WELL, WITH THE
SPONSORS, IS WE'RE THIS IS A
LARGE POLICY ISSUE THAT HAS MANY
, MANY COMPLEX CONCERNS. IT WILL
BE DOUBLE REFERRED TO JUDICI.
OUR OUR DISCUSSION TODAY IS
WHETHER OR NOT IN THE FORM OF
THE POLICY AS IT IS PRESENTED TO
US, IF WE IF WE THINK IT IS
READY TO MOVE FORWARD. SO I JUST
WANT TO KIND OF FRAME THAT I'M
NOT ARGUING WITH YOU, THE FACTS
AND THE FIGURES. I THINK YOU'VE
BEEN MORE THAN COMPELLING ON
THOSE. SO I'M JUST GOING TO ASK
YOU TO JUST KEEP YOUR RESPONSES
SHORT AND, AND ANSWER THE
SENATOR'S QUESTIONS SO THAT WE
CAN GET TO THE VOTE. WE'VE GOT A
LOT OF BILLS TO HEAR TODAY, AND
I JUST WANT TO MAKE SURE THAT
THIS IS NOT A PLATFORM TO,
PROMOTE SOMETHING THAT YOU'VE
BEEN WORKING ON FOR A VERY LONG
TIME, BUT HELP US COMPACT IT
INTO THIS, THIS VOTE FOR HERE
TODAY. SO DO YOU WANT ME TO
ANSWER THE QUESTION, SENATOR
CHOBOQ? DID YOU GET YOUR ANSWER,
JUST ONE LAST QUESTION. SO AS
THE BILL STANDS, GOING BACK TO
THE QUESTION, THIS WOULD NOT
APPLY TO FAMILIES WITH
BUSINESSES, ESPECIALLY BECAUSE
AS A LATINA, YOU KNOW, WE WORK
IN YOU KNOW, I REMEMBER WORKING
IN MY DAD'S RESTAURANT, AND I
WASN'T PAID BY THE HOUR. YOU
KNOW, I WAS YOU KNOW, I REMEMBER
JUST WORKING FOR TIPS. BUT THIS
WOULD NOT AT ALL IMPACT THE
FAMILY BUSINESSES WHERE THE
CHILDREN ARE KNOWN TO COME AND
ACTUALLY WORK, YEAH, WE'RE
TRYING TO TACKLE THE COMMERCIAL
EXPLOITATION OF CHILDREN. AND I
KNOW YOU AND I HAD A LENGTHY
DISCUSSION ABOUT THAT IN THE
LAST THING I WANT, IN
PARTICULAR, BEING A ALSO AN
IMMIGRANT, YOU KNOW, THAT AND
THAT I KNOW THAT WE HAVE A LOT
OF FAMILY BUSINESSES WHERE
CHILDREN GO ON THE WEEKEND AND
JUST WORK. IT WOULD HAVE TO BE
MUCH BROADER THAN THAT. AND I'LL
TURN IT OVER TO SEE IF YOU HAVE
ANYTHING TO ADD TO THAT, AND I
HOPE I CAN ANSWER THE QUESTION.
SORRY. I HOPE I CAN ANSWER THE
QUESTION AS SUCCINCTLY AS
POSSIBLE. I TOO, AM AN
IMMIGRANT, AND I TOO HAVE BEEN
MADE TO WORK AT A VERY YOUNG
AGE. ALTHOUGH IT WAS NOT UNDER
FORCE. FRAUD AND COERCION. AND
THAT IS THE CLEAR DISTINCTION
THAT THIS BILL MAKES, AND THAT
IS CODIFIED UNDER 230 6.1 OF THE
CRIMINAL CODE, WHICH DEFINES
HUMAN TRAFFICKING IN OUR STATE
AND HAS BEEN THE DEFINITION FOR
HUMAN TRAFFICKING FOR BOTH SEX
AND LABOR TRAFFICKING. AND SO IN
ORDER TO PROTECT CHILDREN THAT
ARE NOT WORKING UNDER FORCED
FRAUD AND COERCION, CHILD
WELFARE WORKERS WOULD THEN HAVE
TO MAKE THAT DETERMINATION, JUST
AS THEY WOULD HAVE TO MAKE THAT
DETERMINATION ON A CASE BY CASE
BASIS. IN ANY CASE INVOLVING
CHILD ABUSE. RIGHT OKAY, SO
WE'RE GOING TO WRAP THIS UP. I
DO HAVE A COUPLE QUESTIONS, SO
THIS IS A BILL, THAT HAS BEEN IN
FRONT OF US FOR ALMOST TEN YEARS
NOW, AND WE HAD THE CONVERSATION
ABOUT THIS AS WELL, WHAT HAS NOT
CHANGED IS THE APPROACH FROM THE
MULTIPLE TIMES THAT IT'S BEEN
TRIED, IT HAS BEEN VETOED. IT
HAS DIED BOTH IN THE SENATE AND
ASSEMBLY. I DON'T THINK THERE'S
ANY ANY MEMBERS OF, OF THE
COMMITTEE THAT SEE THAT THAT
DON'T ACKNOWLEDGE THERE'S A
PROBLEM HERE. RIGHT? THERE IS
DEFINITELY A GAP FOR
IDENTIFYING, LABOR TRAFFICKING.
THE QUESTION IS, IS THIS THE
RIGHT APPROACH TO GET TO WHAT WE
NEED TO HELP PROTECT KIDS? WELL
IF I REMEMBER CORRECTLY, THE
REASON OF SOME STATED THE VETO
MESSAGING WAS THAT IT WAS
PREMATURE AND THEY DIDN'T HAVE
ENOUGH DATA THAT THEY WOULD LIKE
TO SEE MORE DATA AND SINCE THEN,
I BELIEVE THAT WE HAVE A LOT
MORE INFORMATION ON IT. YOU WANT
TO ADDRESS SOME OF THE DATA
THAT'S COME FORWARD SINCE IT WAS
VETOED LAST TIME. ABSOLUTELY I
DO WANT TO SPEAK DIRECTLY TO THE
APPROACH, DIRECTLY TO THE
APPROACH. SO THE ACTUAL LETTER
OF THE BILL IS THE SAME. RIGHT.
SO CHANGES TO THE ACTUAL BILL
BECAUSE A LOT HAPPENS IN TEN
YEARS. SO, WE'VE HAD OTHER
POLICY PIECES FOR TO PROTECT
KIDS. WE'VE HAD POLICY PIECES
AROUND SEXUAL TRAFFICKING. IT'S
LIKE MY QUESTION IS REALLY, IS
THIS THE RIGHT APPROACH, BEING
THAT IT HAS FAILED MULTIPLE
TIMES? AND I KNOW WE HAVE NEW
DATA, BUT HOW ARE WE GOING TO
GET IT OVER THE OVER THE FINISH
LINE IF WE'RE EVEN AT THIS
LEVEL? WE'RE HAVING CONCERNS OF
WHETHER OR NOT IT SHOULD BE
HOUSED WITH, WITH OUR SOCIAL
WORKERS AND NOT IN ANOTHER
DEPARTMENT. AND I SEE YOUR
CONCERN. WELL, SINCE THEN, WE
ALSO HAVE HAD I KNOW THEY'RE NOT
ABSOLUTELY IDENTICAL TO WHAT
WE'RE TRYING TO DO HERE, BUT,
YOU KNOW, WE'RE ENCOURAGED BY
THE FACT THAT WE HAVE THESE
PILOT PROGRAMS, THESE TEN
COUNTIES THAT HAVE ALREADY
SUCCESSFULLY FIGURED OUT HOW TO
HELP BOTH AND ON TOP OF THAT, WE
ARE ALSO ENCOURAGED BY THE FACT
THAT WE'VE ALREADY TALKED TO
JUDICIARY, WHICH IS THE NEXT
COMMITTEE. WE'RE GOING TO GO IN
THERE SATISFIED WITH SOME OF THE
AMENDMENTS THAT THEY'RE GOING TO
IMPLEMENT IN THE BILL. AND I
KNOW YOU DON'T HAVE IT. SO, YOU
KNOW, I APOLOGIZE. I MEAN,
SOMETIMES TIME GETS THE BEST OF
US, BUT WE WORK WITH THEM TO SEE
HOW THAT WOULD BE MADE BETTER.
AND THEY'VE OFFERED SOME
AMENDMENTS AND THEY'VE ALREADY
SORT OF EXPRESSED FAVORABLE
FAVORABLE OUTCOMES. I WOULD ALSO
LIKE TO ADD IT'S OKAY. THAT'S
ALL RIGHT. AUTHOR. YOU SAID TEN
COUNTIES. CAN YOU PLEASE LET ME
KNOW WHAT THOSE COUNTIES WERE? I
THINK SENATOR MENGIBAR SAID
THEM, BUT I WANTED TO MAKE SURE
I KNOW, IF YOU DON'T MIND. YES,
I THINK THEY HAVE THEM. YEAH. I
DON'T HAVE THEM RIGHT IN FRONT
OF ME. SENATOR MENGIBAR, DO YOU
MIND WRITING THEM OFF? SORRY
OKAY. THANK YOU. PLEASE. PLEASE.
SURE. STAFF TO SENATOR RUBIO.
I'VE GOT THIS INFORMATION, LET'S
DO SAN JOAQUIN, SAN BENITO,
ALAMEDA, MADERA, SAN LUIS
OBISPO, SANTA BARBARA. VENTURA,
LA, SAN BERNARDINO AND
RIVERSIDE, OKAY. AND THESE ARE
ALL COUNTIES THAT OPTED IN. IS
THAT CORRECT, SENATOR RUBIO? I
BELIEVE SO. OKAY. SO I WOULD
ASSUME THAT THESE COUNTIES WOULD
ALSO HAVE DATA IN TERMS OF HOW
IT WORKED OR DIDN'T WORK. AND IF
THERE WAS OTHER RESOURCES THAT
THEY NEEDED TO IMPLEMENT, MY
QUESTION IS AROUND HOW WILL THE
DEPENDENCY SYSTEM HANDLE THIS
NEW POPULATION OF KIDS? YES, TEN
COUNTIES HAVE FIGURED OUT HOW TO
WORK IT OUT, BUT OF OUR OF OUR
50 PLUS COUNTIES, 58 COUNTIES,
HOW WILL THE WHOLE SYSTEM IN
CALIFORNIA DO THIS? LIKE, WHY
NOT JUST ALLOW FOR MORE OPT IN?
WHY NOT FOCUS ON TRAINING AND
ADDITIONAL RESOURCES TO ENSURE
THAT WE'RE WE'RE MEETING THOSE
GAPS? WHY HAVE A STATEWIDE,
REGULATION? WELL, FIRST, YOU
KNOW, WHEN YOU SAY LIKE A NEW
POPULATION OF, OF INDIVIDUALS
AND I THINK IT WAS SHARED THAT
ALREADY 50% OF CORRECT ME IF I'M
WRONG ALREADY ARE IN THE SYSTEM.
SO IT'S NOT LIKE A WHOLE NEW
SYSTEM THAT WE'RE CREATING. THIS
IS A SERVICE THAT IS ALREADY
PROVIDED TO 50. SO WE'RE JUST
TRYING TO CAPTURE THAT FEW THAT
JUST FALL THROUGH THE CRACKS
THAT DON'T HAVE THE SERVICES. SO
I YOU KNOW, I JUST BELIEVE THAT
WHEN YOU SEE LIKE THESE TEN
COUNTIES THAT HAVE OPT IN AND WE
SPOKEN TO SOME OF THEM AND THEY
FIND THAT IT'S EFFECTIVE AND
THEY'RE WORKING COHESIVELY, I
FEEL THAT, YOU KNOW, IT'S TIME
TO SEE WHAT WE CAN DO STATEWIDE.
BECAUSE EVERY CHILD IN EVERY
COUNTY DESERVES THE SAME TYPE OF
SERVICE. AND I THINK TO ME, IT'S
THE INADEQUATE WAY OF
IDENTIFYING THESE KIDS. THAT IS
MY BIGGEST ISSUE. YOU KNOW, WE
NEED TO IDENTIFY THEM WITHOUT
THAT AND BEING ABLE TO PROVIDE
THE SERVICES THAT WE DO FOR SEX
TRAFFICKING IS WE'RE LEAVING OUR
CHILDREN VULNERABLE. SO THAT'S
MY INTENT DOING IT STATEWIDE.
CHAIR MAY I ASK A QUICK
CLARIFYING QUESTION ON YOUR
QUESTION? YES, PLEASE. SO MY THE
WAY THAT I READ THE TESTIMONY
WAS THAT THESE TEN COUNTIES HAVE
OPTED IN AND THEY HAVE KHÓ I
THINK OF THE WORD CO-MORBIDITIES
WITH IF PEOPLE HAVE MULTIPLE
THINGS THEY DIE OF, BUT THEY
HAVE KHÓ, I DON'T KNOW IF
THERE'S A WORD, BUT BASICALLY
IT'S SEX TRAFFICKING, DUAL SEX
TRAFFICKING AND LABOR
TRAFFICKING. SO THESE COUNTIES
ARE NOT EXAMPLES OF COUNTIES
THAT HAVE ONLY LABOR TRAFFICKING
AS A SPECIFIC CARVE OUT THAT
WOULD SERVE THE GENTLEMAN RIGHT
HERE IF HE DIDN'T HAVE, SEX
TRAFFICKING. BUT SO I THINK IT'S
IMPORTANT TO RECOGNIZE THAT AS A
DIFFERENCE, I THINK, BECAUSE,
YES, THEY'VE ADDED IT IN AS
ANOTHER LAYER, BUT THEY DON'T
HAVE IT AS A STANDALONE.
CORRECT. I JUST WANTED TO
CLARIFY THAT. YEAH. WHICH IS
WHAT WE'RE PROPOSING WITH THIS
BILL AS WELL, ADDING IN ANOTHER
LAYER, YOU CAN'T HAVE
CONVERSATIONS WITH OUR MEMBERS.
THANK YOU, SO YES, YOU'RE
CORRECT, SO I'M GOING TO BRING
IT BACK TO THE OPPOSITION. SO
HOW WILL THIS HOW WILL THE
DEPENDENCY SYSTEM HANDLE THIS
NEW POPULATION OF KIDS? IF THIS
BILL WERE TO MOVE FORWARD? WELL,
I'M NOT I'M NOT SURE HOW THEY
WOULD HANDLE IT, WE'RE NOT,
WE'RE NOT TRAINED INVESTIGATORS
TO IDENTIFY LABOR TRAFFICKING
SEPARATE AND APART FROM, ABUSE
AND NEGLECT. WE DON'T HAVE
SERVICES NECESSARILY
SPECIFICALLY TAILORED TO MEET
THE NEEDS OF VICTIMS OF LABOR
TRAFFICKING, SO THAT WOULD BE
SOMETHING WE WOULD NEED TO
DEVELOP THERE ARE CURRENTLY A
NUMBER OF YOUTH IN THE SYSTEM
WHO ARE ARE VICTIMS OF ABUSE AND
NEGLECT, IN THE HOME, WHO ALSO
ARE LABOR TRAFFICKED. AND THEY
ARE RECEIVING AND THEIR FAMILIES
AN ARRAY OF SERVICES AND
SUPPORTS THAT THE CHILD WELFARE
SYSTEM OFFERS THOSE ARE NOT
NECESSARILY TAILORED, THOUGH, TO
SPECIFICALLY ADDRESS THE NEEDS
GENERALLY OF LABOR TRAFFICKING.
I DON'T KNOW, AMANDA, IF YOU
HAVE OTHER TECHNICAL ASPECTS TO
ADD TO THE RESPONSE, BUT IT
WOULD BE A NEW POPULATION AND
NEW SERVICES FOR OUR SYSTEM. AND
NEW, INVESTIGATIVE TECHNIQUES
THAT WE WOULD NEED TO LEARN AND
ESTABLISH TO DETERMINE WHETHER
LABOR TRAFFICKING EXISTS AT ALL.
SO BECAUSE THIS IS BEING ADDED
IN AS A EXPANDED DEFINITION OF
CHILD ABUSE, WHILE WE DO SERVE
THE KIDS WHO HAVE THE ABUSE AND
NEGLECT THE SOUL, LABOR
TRAFFICKING KIDS ARE NOT A
CURRENT POPULATION THAT WE
SERVE. SO ALTHOUGH THERE IS SOME
CROSSOVER THAT'S IDENTIFIED
LATER ON, IT'S NOT A POPULATION
THAT WE GO OUT FOR RIGHT NOW IN
THE TEN COUNTIES THAT ARE DOING
AS YOU SAID, SORT OF THE
COMORBIDITY TRAINING WHERE THEY
HAVE CSEC, BUT THEN THEY ALSO
ARE IDENTIFYING SIGNS OF LABOR
TRAFFICKING. THOSE COUNTIES HAVE
THAT TRAINING. THE OTHER
COUNTIES THAT SORT OF PACT HAS
EXPANDED OUT TO I BELIEVE IT'S
OUT TO 40 NOW. DON'T NECESSARILY
DO THAT SORT OF TRAINING. AND I
WOULD ALSO NOTE THAT NONE OF
THOSE TEN ORIGINAL COUNTIES ARE
ANYWHERE NORTH OF SACRAMENTO. SO
A SIGNIFICANT PORTION OF THE
NORTH STATE DOESN'T HAVE SORT OF
ANY OF THIS, IN PLACE AS FAR AS
THE INFRASTRUCTURE. SO TO THE
EXTENT THAT IF THIS WERE TO GO
IN EFFECT, EXACTLY AS IT'S
WRITTEN, THEN YES, IT'S A WHOLE
NEW POPULATION FOR US. AND NO,
NOT ALL OF OUR COUNTIES ARE
PREPARED TO SERVE THEM. I WANT
TO ADD SOMETHING TO THAT,
PLEASE, JIMMY. YEAH. SHE WAS
MENTIONED THAT, ONLY, PEOPLE
FROM OUR JAILS, FROM, THE CHILD
WELFARE NEED TO BE IDENTIFIED.
ACTUALLY, WE ALL SHOULD LEARN
HOW TO IDENTIFY THE RED FLAGS
OF, YOU KNOW, OF OUR HUMAN
TRAFFICKER IN GENERAL. NOT ONLY
SEX TRAFFICKING, BUT LABOR
TRAFFICKING. BECAUSE ANY OF YOU
GUYS SECOND, THIRD OR FOURTH
GENERATION THAT, YOU KNOW, COME
ONTO THIS WORLD, YOU NEVER KNOW
WHAT COULD GO THROUGH THERE IN
LIFE. SOME OF YOUR FAMILY
MEMBERS CAN GO TO THAT ANYBODY.
SO WE SHOULD ALL, YOU KNOW,
LEARN HOW TO WHAT THE RED FLAGS
ARE BECAUSE ON THE WAY, EITHER
WALKING OUT OF THE BUILDING YOU
CAN SEE SOMETHING. AND WHY NOT
REPORT IT? WHY NOT? BECAUSE
WE'RE ALL HUMAN BEINGS AND WE
NEED WE DESERVE THE RIGHTS TO
LIVE AND BE TREATED AS AS A
HUMAN BEING. CHAIRMAN. YEAH. YES
YOU'RE RIGHT, JIMMY, AND I
APPRECIATE YOU ADDRESSING THIS
QUESTION. AND WHAT WHAT I'M
FEELING HERE IS THAT WE NEED
GREATER AWARENESS THAT THIS IS
AN ISSUE AND NOT ONLY TRAINING
AND SUPPORT FOR SOCIAL WORKERS
TO IDENTIFY IT, BUT IN GENERAL,
WE AS CALIFORNIANS SHOULD BE
ABLE TO IDENTIFY THAT AND BE
ABLE TO HELP THAT CHILD THAT'S
BEING, ABUSED, TRAUMATIZED,
SEIZED, TRAFFICKED, SO I'M
HEARING THAT AND I AND I, I KNOW
THAT, MEMBERS HERE IN THE
COMMITTEE, WE FEEL THAT WE HEAR
THAT THE QUESTION IS WHETHER OR
NOT THIS IS THE RIGHT APPROACH
TO GET TO THAT. SO, YES, WE ALL
CAN SAY WE HERE, WE SAY THAT,
BUT DO ACTION IS DIFFERENT
THING, RIGHT? ACTION IS A
DIFFERENT THING. SO WE ALL
SHOULD DO SOMETHING ABOUT IT.
AND THEN SINCE WE'RE HERE, YOU
KNOW, DISCUSSING THIS BILL, WE
SHOULD ACTUALLY BE BORING FOR
THIS BILL BECAUSE YOU DON'T
KNOW, YOU KNOW, WHAT COULD
HAPPEN IN THE FUTURE WITH YOUR
FAMILY? THE DAUGHTER, SON,
WHATEVER. WHOEVER IS IN YOUR
FAMILY MEMBERS. RIGHT. SO THIS
IS ONE ACTION, JIMMY. ONE
APPROACH THAT'S BEEN TRIED FOR
TEN YEARS. SO MY QUESTION IS
STILL TO THE AUTHOR, IS, IS THIS
THE RIGHT APPROACH BECAUSE IT
HAS FAILED IN THE PAST. SO HOW
DO WE SOLVE A PROBLEM WITH THE
SAME APPROACH? SOME PEOPLE SAY
THAT YOU DO THE SAME THING AND
GET THE SAME RESULT, AND IT'S
INSANITY. BUT IF YOU TRY A
DIFFERENT APPROACH, YOU TRY A
DIFFERENT WAY TO GET TO THAT
SAME OUTCOME, THEN YOU'RE
ACTUALLY, YOU KNOW, MAKING
POLICY THAT HELPS. SO I'M GOING
TO BRING IT BACK TO THE AUTHOR,
BECAUSE I KNOW YOU WANTED TO
ANSWER THIS QUESTION AS WELL.
WELL, I JUST HAVE TO THINK OF
DOES JIMMY'S CASE IN PARTICULAR,
YOU KNOW, AS HE STATED, HE WAS
WORKING WITH THIS COMPANY THAT
WAS BEATING HIM, KEEPING HIM
SORT OF, YOU KNOW, TRAPPED AND
REALLY ABUSING HIM. SO IF THE
FIRST PERSON HE RAN TO WOULD NOT
HAVE BEEN A BAD ACTOR AND WOULD
HAVE REPORTED TO CHILD WELFARE
SERVICES, WOULDN'T THAT HAVE
WOULD THEY NOT HAVE RECOGNIZED
THAT THIS CHILD WAS BEING
NEGLECTED, WAS BEATEN, HAD
BRUISES? I MEAN, THAT WOULD HAVE
PROBABLY SAVED HIM, RIGHT? SO, I
KNOW THAT IT'S A COMPLICATED
ISSUE, BUT AND WE JUST HAPPEN TO
HAVE A BAD ACTOR THAT ENDED UP,
YOU KNOW, TRAUMATIZING HIM AND
REVICTIMIZING HIM AND THAT'S HOW
HE ENDED UP IN JAIL. BUT AGAIN,
IF THE FIRST PERSON WOULD HAVE
BEEN A GOOD ACTOR AND WOULD HAVE
REFERRED HIM TO SOCIAL SERVICES,
I MEAN, WOULD THEY NOT HAVE BEEN
OBLIGATED TO TAKE CARE OF HIM
AND IDENTIFIED ALREADY THE
NEGLECT THAT HE WAS SUFFERING?
SO I IN MY PERSONAL OPINION,
THIS IS ME JUST IT'S ALL THE
SAME. WE'RE TRYING TO IDENTIFY
THE KIDS THAT ARE BEING, THAT
ARE FALLING THROUGH THE CRACKS,
WHO DON'T HAVE ANYWHERE ELSE TO
GO, AND RIGHT NOW, THIS BILL
GIVES THEM HOPE THAT SOMEBODY IS
GOING TO IDENTIFY THEM SO THEY
CAN RECEIVE SERVICES. THANK YOU,
SENATOR RUBIO, I WOULD HAVE
HOPED THAT SOMEONE WOULD HAVE
CALLED THE POLICE AND HELPED, IN
THIS SITUATION. I THINK THAT
ANYONE WHO IS WITNESSING ABUSE
OF A CHILD CAN EITHER CONTACT
LAW ENFORCEMENT OR CPS. I KNOW
AS MANDATED REPORTERS WERE
TRAINED ON ON HOW TO DO THAT.
BUT, YOU KNOW, TO JIMMY'S POINT,
WE SHOULD ALL BE ABLE TO
IDENTIFY WHEN A CHILD IS BEING
ABUSED AND HOW TO REPORT THAT.
AND ALSO, I DIDN'T ACTUALLY I'M
SORRY FOR INTERRUPTING YOU, BUT
ALSO I DIDN'T ACTUALLY SAY MANY
DETAILS THAT I WENT THROUGH THAT
SINCE HIS TIME IS PRESSURE. I
DON'T WANT TO TAKE MORE OF YOUR
TIME, BUT WE SHOULD ACTUALLY DO
SOMETHING ABOUT IT. EVEN THE
OPPOSITE IS NOT. I AGREE WITH
IT, BUT YOU NEVER KNOW WHAT LIFE
IS. YEAH, IS BEAUTIFUL AND YOU
NEVER KNOW WHAT THEY CAN GO
THROUGH. YEAH, IT'S A TERRIBLE
THING. TERRIBLE THING THAT YOU
WERE PUT THROUGH. I'M GOING TO
BRING IT BACK TO THE COMMITTEE.
ANY QUESTIONS? COMMENTS BEFORE
WE MOVE FORWARD, I'LL JUST MAKE
A FINAL COMMENT AS A RESPECT,
OUT OF RESPECT TO THE AUTHOR, I
DON'T FEEL COMFORTABLE WITH
WHERE THIS IS. AND I, I THINK
THE CHAIR'S COMMENTS ABOUT IS
THIS THE RIGHT APPROACH? I THINK
MAYBE FOCUSING ON THE EDUCATION
PIECE AND THE IDENTIFICATION OF
IT. SO AS A C , ISSUE, I JUST TO
ME IT SEEMS LIKE IT NEEDS THAT
PART NEEDS TO BE WORKED ON MORE
BEFORE WE JUST SHOVE IT IN
THERE. SO AT THIS POINT, I'M NOT
ABLE TO SUPPORT IT TODAY. AND I
VERY MUCH APOLOGIZE FOR HAVING
TO NOT SUPPORT IT BECAUSE I
WOULD LIKE TO SUPPORT IN
GENERAL. THANK YOU SO MUCH. IF
YOU HAD ONE LAST COMMENT,
SENATOR. YEAH, I DON'T BELIEVE
WE'VE BEEN ABLE TO HEAR JUST
SOME OF YOUR RESPONSES TO THE
OPPOSITION. ANYTHING THAT YOU
COULD TELL US ON ANY COMMITMENTS
ON AFTER HEARING SOME FURTHER
OPPOSITION? WELL, NO,
ABSOLUTELY. SEE THE DISCUSSION
IS NOT DONE. AND I THINK AS THE
CHAIR KNOWS, WE MISSED THE
DEADLINE TO ENTER THESE
AMENDMENTS INTO INTO THE BILL.
BUT WE HAD ALREADY LIKE I SAID,
IT'S DOUBLE REFERRED. AND
BECAUSE OF THE TIME CONSTRAINTS,
WE WERE ALREADY WORKING ON
AMENDMENTS TO ADDRESS THE
CONCERNS. AND IT'S NOT DONE LIKE
THIS IS SOMETHING THAT'S SO
IMPORTANT THAT I HOPE TO
CONTINUE TO SIT DOWN AND SEE IF
WE CAN NAIL DOWN A MORE
APPROPRIATE APPROACH. BUT AGAIN,
I WANTED TO MOVE IT FORWARD
BECAUSE I'M ALSO TALKING TO
JUDICIARY AND THERE'S A LOT OF
THINGS THAT THEY WANTED TO ALSO
CHANGE AND IMPLEMENT, WHICH I
THINK WOULD ADDRESS SOME OF THE
OPPOSITION'S CONCERNS. AND BUT
THAT'S ALL I CAN TELL YOU THAT
WE ARE WORKING ON THE BILL AND
MAKING SURE THAT IT GETS TO A
GOOD POINT AS IT HEADS OUT TO
THE NEXT COMMITTEE. MAY I ADD
ONE COMMENT? NO THIS IS SENATOR.
DO YOU HAVE ANYTHING YOU CAN
SHARE IN TERMS OF COMMITMENTS? I
JUST WELL, THE COMMITMENT IS,
SOME OF THE LANGUAGE IS
SPECIFICALLY IS NOT TO GET, YOU
KNOW, AS I THINK SENATOR TOLBERT
WAS CONCERNED ABOUT LIKE JUST
THE REGULAR FAMILY WHO'S WORKING
ON THE WEEKEND, AND A RESTAURANT
WITH THE FAMILY TRYING TO MAKE
SURE THAT THE LANGUAGE IS REALLY
SPECIFICALLY CLEAR SO IT DOESN'T
DRAG THESE FAMILIES INTO THE
COURT SYSTEM IF THEY'RE JUST,
YOU KNOW, FAMILIES TRYING TO
HAVE THE CHILDREN TRYING TO HELP
THE FAMILIES, I THINK SHE
EXPRESSED THAT SHE HAS FRIENDS
WHO THEIR CHILDREN WORK THERE.
SO THAT'S ONE OF THE
COMMITMENTS. AND, AND I KNOW
THAT AS A POSSIBLE TO TURN IT
OVER TO HER HERE IF THE WITNESS.
YES THIS IS THE PROBLEM. EXCUSE
ME. THE PROBLEM REGARDING THE
OTHER COMMITMENTS THAT THAT
WE'VE BEEN EXPLORING, THE
COMMITMENTS. SORRY. I'M.
SENATOR, CAN YOU CLARIFY EXACTLY
WHAT YOU'RE ASKING? WE HEARD A
LOT FROM THE OPPOSITION. WE HAD
A LOT OF QUESTIONS, BUT I FEEL
LIKE WE HAVEN'T HEARD ANYTHING,
AT LEAST FROM THE AUTHOR ON WHAT
THOSE CONVERSATIONS LOOK LIKE.
SOME COMMITMENTS THAT THE AUTHOR
WILL SAY, THAT SHE WILL CONTINUE
WORKING ON. SOME REASSURANCE.
JUST SOMETHING. I JUST HAVEN'T
GOTTEN ANY OF THAT. WELL, AND
ADDITIONALLY, I MAY ADD THAT WE
ARE GOING TO BE WORKING WITH THE
DEPARTMENT SO THEY CAN GIVE US A
LITTLE BIT OF GUIDANCE OF WHAT
THEY'D LIKE TO SEE. SO I KNOW
THAT'S NOT NECESSARILY ANSWERS
YOUR QUESTION, BUT WE HAVE BEEN
COLLABORATING, WORKING WITH THEM
AND ASKING THEM TO GIVE US
GUIDANCE, WHAT WOULD WORK WITH
THEM SO THAT THEY CAN BE
COMFORTABLE WITH THIS BILL.
THANK YOU. I ANY QUESTIONS FOR
EITHER OF THE WITNESSES? OKAY.
ALL RIGHT. I THINK WE ARE GOING
TO ALLOW YOU TO CLOSE. SENATOR
RUBIO. THANK YOU. AND I THANK
YOU FOR THE DEBATE. I KNOW IT'S
LENGTHY, BUT, YOU KNOW, AS YOU
KNOW, I WORK A LOT ON, YOU KNOW,
PROTECTING CHILDREN FROM
VIOLENCE AND HARM AND THIS IS
JUST IN MY NATURAL WHEELHOUSE TO
TRY AND ENSURE THAT THE KIDS
THAT ARE CONSTANTLY BEING
EXPLOITED, THAT SOMEONE IS
CAPTURING THESE KIDS, AGAIN, THE
POULTRY COMPANY THAT HAD EIGHT
CHILDREN WORKING IN THE MIDDLE
OF THE NIGHT IN THEIR
FACILITIES. THIS WAS IN MY
DISTRICT, BEFORE THE REDISTRICT
THING. AND SO I JUST RIGHT NOW,
I DON'T SEE ANYONE THAT'S GOING
TO HELP THESE KIDS. AND SO WE'RE
GOING TO CONTINUE TO KICK THE
CAN DOWN THE ROAD. AND WE HAVE
ABSOLUTELY NOTHING THAT'S GOING
TO PROTECT THESE CHILDREN. SO I
JUST ASK FOR THE OPPORTUNITY TO
MOVE IT AND CONTINUE TO WORK
WITH THAT. I BELIEVE I TOLD MISS
LANDIVAR THAT IF YOU KNOW, AND
I'LL BRING IT BACK TO EACH AND
ONE OF YOU, AND IF IT'S
SOMETHING THAT YOU'RE STILL NOT
COMFORTABLE AFTER WE WORK AND
IMPLEMENT ALL THE AMENDMENTS
THAT WE HAD WORKED ON, I'M
WILLING TO HOLD THE BILL. BUT I
KNOW THAT IT'S AN IMPORTANT
ISSUE TO PROTECT KIDS. THANK YOU
SO MUCH, SENATOR, YOU KNOW, THIS
IS A THIS IS A THIS IS A
DIFFICULT ONE FOR ME BECAUSE IF
I WERE A KID, THERE'S NOBODY
THAT I WOULD WANT TO PROTECT ME
MORE THAN YOU. YOU ARE JUST SO
PASSIONATE AND JUST CARING FOR
OUR KIDS. AND, I KNOW IF YOU PUT
FORWARD A BILL, YOU PUT FORWARD
POLICY. IT'S BECAUSE YOU BELIEVE
IN IT. AND YOU BELIEVE THAT THIS
WILL EVENTUALLY MAKE A TRUE
CHANGE, I'M CONCERNED ABOUT THE
APPROACH, THIS BILL AND WHERE
IT'S HOUSED, I DO WANT TO MAKE
SURE THAT THE SYSTEMS THAT WE
HAVE HERE IN CALIFORNIA ARE IN
PLACE TO PROTECT OUR KIDS. AND
YOU'VE IDENTIFIED A GAP. YOU'VE
IDENTIFIED A GAP NOT ONLY IN
IDENTIFYING WHAT CHILD LABOR
TRAFFICKING ACTUALLY IS, BUT
WHAT DO WE DO ABOUT IT ONCE WE
HAVE FOUND THAT AND, YOU KNOW,
ARE WE BETTER THAN WE WERE TEN
YEARS AGO? YES. ARE WE BETTER
THAN THE LAST FOUR TIMES THIS
BILL, WAS SUBMITTED? MAYBE, I
DON'T KNOW. THE DATA SHOWS THAT
THE PROBLEM IS INCREASING. AND
WHEN WE LOOK AT ISSUES THAT COME
TO THIS COMMITTEE, WE ARE
CONSISTENTLY LOOKING AT HOW THIS
IS IMPACTING SOME OF THE MOST
VULNERABLE AND YOU YOU NAIL IT
WITH WITH CHILDREN, IT'S LIKE WE
HAVE TO HAVE A OUTCOME WHERE
CHILDREN ARE BEING PROTECTED. I
JUST DON'T BELIEVE THIS IS IT.
SO, I, I THINK FOR THIS, FOR
THIS BILL, I DO KNOW THAT THE
JUDICIARY COMMITTEE, IF THIS
SHALL PASS, WOULD BE REFERRED TO
JUDICI, I KNOW THAT THEY'RE
WORKING ON AMENDMENTS, BUT I
DON'T THINK THOSE AMENDMENTS
ARE, IN AGREEMENT WITH YOUR
SPONSORS. I'M GOING TO BE VERY
BLUNT WITH YOU. AND SO I THINK
THAT'S GOING TO BE A DIFFICULTY
GETTING THIS BILL TO WHERE,
WHERE IT NEEDS TO GO, BECAUSE
IT'S A PASSIONATE ISSUE. AND I
THINK EVEN, YOU KNOW, HAVING
DECORUM IN THIS ROOM ON THIS
ISSUE, IS WAS A STRUGGLE FOR
THIS, FOR THIS BILL. WE'VE BEEN
TALKING ABOUT THIS FOR AN HOUR,
AND, AND TYPICALLY, YOU KNOW, I
CAN SAY WE'RE GOING TO MOVE
FORWARD ON QUESTIONS, TWO
MINUTES FOR RESPONSES, AND WE
CAN KEEP THINGS MOVING. BUT EVEN
THIS HAS BEEN A STRUGGLE. SO I
WANT TO MAKE SURE THAT AS IF
INDEED YOU MOVE FORWARD WITH
THIS BILL, THAT THAT YOU TAKE
THAT INTO ACCOUNT AND KEEP YOUR
HEART AS, AS, AS LOVING AS IT IS
FOR OUR KIDS. THANK YOU. ALL
RIGHT. SO I THINK WE WILL GO
AHEAD AND OPEN THE ROLL, PLEASE
CALL. CALL. I'M SORRY. OH, WE
NEED A MOTION. OKAY. ABSENT OF A
MOTION. OH OKAY. SENATOR
MENGIBAR WILL MOVE THE BILL. ALL
RIGHT? PLEASE CALL THE ROLL.
ALVARADO, GILL. FILE ITEM NUMBER
ONE, SB 998. ALVARADO GILL.
OCHOA. BOGH BLAKE. SPEER. NÓ
BLAKE. SPEER. NÓ HURTADO.
MENGIBAR HI. MENGIBAR I. ALL
RIGHT. THAT'S ONE NÓ AND ONE
EYE. WE WILL HOLD THAT. WE WILL
HOLD THAT BILL. THANK YOU. ALL
RIGHT. I WANT TO THANK OUR
AUTHORS WHO HAVE BEEN IN THE
AUDIENCE WAITING FOR THEIR TURN
HERE. I JUST WANT TO JUST TAKE A
TEMPERATURE. DO WE HAVE AUTHORS,
YES. THAT ARE THAT HAVE
WITNESSES THAT NEED TO LEAVE, IN
THE NEXT HALF HOUR. OKAY. OKAY
SENATOR MINH, LET'S GET YOU
READY. THANK YOU SO MUCH FOR
YOUR PATIENCE. I KNOW YOU'VE
BEEN HERE FOR QUITE SOME TIME.
OKAY. ALL RIGHT. WE'RE GOING TO
MOVE FORWARD WITH ITEM NUMBER
THREE, SENATE BILL 1078, SENATE
MEN, WHENEVER YOU ARE READY. ALL
RIGHT, THANK YOU, MADAM CHAIR.
AND COMMITTEE MEMBERS, BEFORE I
BEGIN, I WANT TO JUST NOTE THAT
I'M ACCEPTING THE PROPOSED
COMMITTEE AMENDMENTS, AND I WANT
TO THANK THE COMMITTEE STAFF FOR
THEIR EXTENSIVE WORK ON THIS
BILL. SB 1078 WOULD CREATE THE
OFFICE OF LANGUAGE ACCESS WITHIN
THE CALIFORNIA HEALTH AND HUMAN
SERVICES AGENCY. THIS PARTICULAR
OFFICE WOULD BE TASKED WITH
PROVIDING OVERSIGHT,
ACCOUNTABILITY AND COORDINATION
ACROSS CAL HHS DEPARTMENTS AND
OFFICES TO ENSURE THAT
INDIVIDUALS WITH LIMITED ENGLISH
PROFICIENCY HAVE MEANINGFUL
ACCESS TO THE PROGRAMS AND
SERVICES THAT ARE OFFERED. THIS
IS AN EQUITY ISSUE, BUT IT IS
ALSO A FUNDAMENTALLY IMPORTANT
HEALTH CARE ISSUE FOR THE NEARLY
6.4 MILLION CALIFORNIANS WHO
HAVE LIMITED ENGLISH PROFICIENCY
, LANGUAGE BARRIERS POSE A
SIGNIFICANT CHALLENGE TO THEIR
ABILITY TO HAVE ACCESS TO
QUALITY HEALTH CARE COVERAGE AND
SERVICES. AND OF COURSE, I THINK
MANY OF US HAVE STORIES FROM OUR
DISTRICTS OF CONSTITUENTS WHO
SUFFERED ADVERSE HEALTH OUTCOMES
BECAUSE THEY DIDN'T UNDERSTAND
EITHER HOW TO GET ACCESS TO
HEALTH CARE OR ONCE THEY WERE IN
THE MEDICAL SYSTEM, THEY THEY
WERE PROBLEMS WITH TRANSLATION
AND STUDIES SHOW THAT THE
ABSENCE OF CULTURALLY AND
LINGUISTICALLY APPROPRIATE
HEALTH CARE STUDIES HAVE
SIGNIFICANT NEGATIVE HEALTH
OUTCOMES FOR INDIVIDUALS WITH
THOSE LIMITED ENGLISH
PROFICIENCY ISSUES, INCLUDING
LONGER HOSPITAL STAYS ON AVERAGE
AND A MUCH HIGHER LIKELIHOOD OF
HOSPITAL READMISSIONS. THESE
AVOIDABLE CLINICAL COSTS CAN BE
SIGNIFICANTLY REDUCED WITH
IMPROVED INTERPRETATION AND
TRANSLATION SERVICES. WHILE THIS
MAY SCORE, WE BELIEVE THAT THE
COSTS OF THIS WILL THIS WILL
ACTUALLY BE NET POSITIVE OVER
THE LONG RUN. CALIFORNIA HAS
HAS, OF COURSE, LONG RECOGNIZED
THE IMPORTANCE OF PROVIDING IN
LANGUAGE RESOURCES WITH A NUMBER
OF STATUTES AND REGULATIONS IN
PLACE. BUT AS I THINK MY
WITNESSES WILL DESCRIBE, THESE
HAVE NOT BEEN IMPLEMENTED IN AN
EFFECTIVE WAY. AND SO THIS
PARTICULAR OFFICE THAT SB 1078
WOULD CREATE WOULD ESSENTIALLY
QUARTERBACK ACROSS DIFFERENT
DEPARTMENTS WITHIN HHS AND TRY
TO ENSURE THAT THOSE LAWS AND
REGULATIONS WERE BEING
EFFECTIVELY IMPLEMENTED, THAT
LAWS WERE BEING, ENFORCED AND
COMPLIED WITH AND IT WOULD CLOSE
AN EXISTING GAP FOR THOSE
SEEKING A BROAD SPECTRUM OF
HEALTH SERVICES, SAVING THE
STATE MILLIONS IN AVOIDABLE
COSTS AND BOLSTERING OUR ABILITY
TO MEET STATUTORY LANGUAGE
REQUIREMENTS. SO I DON'T HAVE
PARIS HILTON HERE WITH ME TODAY,
BUT I DO THINK THAT THE
PAPARAZZI SHOULD BE HERE BECAUSE
WE HAVE TWO EXCELLENT WITNESSES,
AND PRISCILLA HUANG FROM THE
CENTER FOR ASIAN AMERICANS IN
ACTION AND TANYA VÆ FROM THE
REGIONAL PACIFIC ISLANDER TASK
FORCE TO TESTIFY IN SUPPORT.
THANK YOU SO MUCH, SENATOR MINH,
YOU EACH HAVE TWO MINUTES TO
PRESENT, PLEASE PROCEED WHEN
YOU'RE READY. OKAY. GOOD
AFTERNOON, CHAIR ALVARADO
ALVARADO GILL AND COMMITTEE
MEMBERS. MY NAME IS PRISCILLA
HUANG. I AM THE FOUNDER AND
EXECUTIVE DIRECTOR FOR THE
CENTER FOR ASIAN AMERICANS IN
ACTION. WE ASK FOR YOUR SUPPORT
FOR SB 1078, WHICH WILL HELP
IMPROVE LANGUAGE ACCESS FOR THE
6.4 MILLION CALIFORNIANS WITH
LIMITED ENGLISH PROFICIENCY.
I'VE BEEN ADVOCATING FOR
INCREASED LANGUAGE SERVICES FOR
DECADES, BOTH PROFESSIONALLY AND
AS THE ELDEST DAUGHTER OF
IMMIGRANTS. MANY OF US CHILDREN
OF IMMIGRANTS AND REFUGEES GREW
UP HAVING TO HELP OUR FAMILY
MEMBERS NAVIGATE A COMPLEX WORLD
OF PUBLIC SYSTEMS AND
INSTITUTIONS THAT USE
TERMINOLOGY THAT IS DIFFICULT
FOR EVEN NATIVE ENGLISH SPEAKERS
TO UNDERSTAND THESE LANGUAGE
BARRIERS MEANT THERE WERE
NEGATIVE EXPERIENCES AND
MISCOMMUNICATION AT THE DOCTOR'S
OFFICE AND AT SOCIAL SECURITY
OFFICES, AND SCHOOLS. NUMEROUS
STUDIES HAVE FOUND INADEQUATE
LANGUAGE SERVICES CREATE
DISPARITIES IN HEALTH OUTCOMES
AND RESULTS IN AVOIDABLE HEALTH
CARE COSTS. SB 1078 IS NEEDED TO
BOLSTER THE STATE'S ABILITY TO
MEET ITS FEDERAL AND STATE
STATUTORY LANGUAGE REQUIREMENTS.
WE APPLAUD CAL, HHS, CURRENT
EFFORTS TO IMPLEMENT THE
GOVERNOR'S EQUITY EXECUTIVE
ORDER, WHICH HAS RESULTED IN THE
DEVELOPMENT OF A LANGUAGE ACCESS
POLICY AND GUIDANCE. HOWEVER,
THERE IS NO MECHANISM FOR
REQUIRING OR MONITORING THE
LANGUAGE ACCESS PLANS. C NATING
LANGUAGE SERVICES ACROSS THE
AGENCY'S 17 DEPARTMENT AND
OFFICES, OR ENFORCING THE
PROVISIONS OF THE PLAN. THE BILL
WOULD CREATE A CENTRALIZED
OFFICE THAT WOULD SUPPORT THE
EFFECTIVE IMPLEMENTATION OF THE
PLANS AND LEAD PERIODIC UPDATING
OF CAL HHS OVERALL GUIDANCE. THE
BILL WOULD ALSO CREATE IMPORTANT
TRANSPARENCY AND ACCOUNTABILITY
MEASURES BY REQUIRING HHS TO
SUBMIT BI ANNUAL REPORTS TO THE
LEGISLATURE AND CREATE A
LANGUAGE ACCESS ADVISORY WORKING
GROUP WITH IMPACTED COMMUNITY
MEMBERS. IT WOULD INFORM
COMMUNITIES WITH LIMITED ENGLISH
PROFICIENCY ABOUT CRITICAL CAL
HHS RESOURCES ON A PUBLIC
WEBSITE, INCLUDING INFORMATION
ON AN INDIVIDUAL'S LANGUAGE,
ACCESS RIGHTS AND COMPLAINT
PROCESS. IN CONCLUSION, WE ASK
FOR YOUR SUPPORT FOR SB 1078.
THANK YOU. THANK YOU SO MUCH.
WE'LL MOVE FORWARD WITH OUR NEXT
WITNESS. TALOFA LAVA. GOOD
AFTERNOON, CHAIR ALVARADO GILL
AND SENATE HUMAN SERVICES
COMMITTEE, MY NAME IS TONY VÆ
AND I'M ONE OF THE CO-CHAIR AND
ALSO FOUNDER OF THE REGIONAL
PACIFIC ISLANDER TASK FORCE. I'M
ALSO PHÐ, COME FROM AN OLDEST,
SAMOAN FAMILY HERE IN THE BAY
AREA. SO I GREW UP HERE, I'M
HERE TO, TO SPEAK BEFORE YOU
THAT I EXPRESS FULL SUPPORT OF
THE SB 1078, THE REASONABLE
PACIFIC ISLANDER TASK FORCE IS A
REGIONAL MULTI COUNTY FOCUS AND
THE GOAL TO INCREASE THE
VISIBILITY OF PACIFIC ISLANDER
HEALTH DISPARITIES. ADVOCATING
FOR DATA EQUITY IN BOTH
COLLECTING AND REPORTING ON
ISSUES IMPACTING THE PACIFIC
ISLANDERS IN CALIFORNIA. LIKE
LANGUAGE ACCESS. NEARLY 1 IN 4
FIJIAN FAMILIES AND 1 IN 5
TONGAN AMERICAN FAMILIES ARE
LIMITED ENGLISH PROFICIENT OVER
1 IN 10 NATIVE HAWAIIAN PACIFIC
ISLANDER, WHICH IS 11% OUT OF
330 PACIFIC ISLANDERS IN
CALIFORNIA, ARE LIMITED, YOU
KNOW, ENGLISH PROFICIENCY, Kò.
AND DURING COVID, REGIONAL
PACIFIC ISLANDER WERE THERE FOR
THE FOR THE ALL TEN COUNTIES TO
MAKE SURE VACCINATION IS
PROVIDED FOR OUR COMMUNITIES. WE
HAVE THE HIGHEST, MORTALITY RATE
IN ALL TEN COUNTIES. WE HAVE
DATA TO PROVE THAT DATA WAS NOT
AVAILABLE FROM THE COUNTY. SO
WHO DID THE WORK WAS US. IT WAS
BECAUSE OUR COMMUNITIES WE HAVE
MORE THAN 3050 CHURCHES IN JUST
THE BAY AREA ALONE, NOT
INCLUDING SACRAMENTO AND SOME OF
THOSE CHURCHES, HAD TO COME OUT.
WE HAD TO ASK THEM, PLEASE COME
AND HELP US GET THE WORD OUT TO
GET OUR COMMUNITIES TO BE
VACCINATED. SO FOR THE
VACCINATION, I CAN TELL YOU THAT
EVEN THE LANGUAGE ACCESS WAS NOT
AVAILABLE. EVEN THE MAINSTREAM
MEDIA DIDN'T HAVE ACCESS TO, YOU
KNOW, UNDERSERVED AND
UNDERSERVED COMMUNITIES LIKE THE
PACIFIC ISLANDER, EVEN THOUGH
NATIONWIDE THE STATISTICS WAS
STILL THE SAME. SO FOR ME,
DURING THESE COVID, THE
DISPARITIES HAVE NEVER CHANGED.
AND WE WANT TO MAKE SURE THAT WE
CONTINUE TO LOOK FOR THE SMALL
POPULATION, UNDERSERVED AND
UNDERSERVED, SO THAT WE CAN HELP
OUR COMMUNITIES. SO THIS BILL IS
VERY IMPORTANT FOR OUR COMMUNITY
, NOT ONLY THE PACIFIC
ISLANDERS, BUT ALL SMALL
COMMUNITIES ACROSS THE BAY AREA.
SO THANK YOU. THANK YOU VERY
MUCH FOR YOUR TIME. ALL RIGHT.
THANK YOU SO MUCH. WE'LL NOW
OPEN UP TO THE MEMBERS OF THE
PUBLIC. ANY MEMBERS OF THE
PUBLIC WISHING TO EXPRESS THEIR
SUPPORT. PLEASE APPROACH THE
MICROPHONE WITH YOUR NAME,
ORGANIZATION AND YOUR POSITION
ONLY. PLEASE REBECCA GONZALEZ,
WESTERN CENTER ON LAW AND
POVERTY AND SUPPORT THAT WAY. GO
AROUND Þ MARVIN PINEDA, ON
BEHALF OF THE CALIFORNIA PRIMARY
CARE ASSOCIATION IN SUPPORT
KEVIN ESTÁN COALITION,
CALIFORNIA WELFARE RIGHTS
ORGANIZATION. STRONG SUPPORT.
THANK YOU, ADAM CARBALLIDO WITH
THE ASSOCIATION OF ASIAN PACIFIC
COMMUNITY HEALTH ORGANIZATIONS
AND SUPPORT DOREEN WONG, ASIAN
RESOURCES, INC, IN STRONG
SUPPORT OF SB 1078. ARNAB
MUKHERJEE, ASIAN AMERICAN
RESEARCH CENTER ON HEALTH STRONG
SUPPORT JILLIAN JOHNSON WITH SAN
FRANCISCO COMMUNITY HEALTH
CENTER AND STRONG SUPPORT.
KRISTEN MARQUEZ WITH NATIVE
HAWAIIAN PACIFIC ISLANDER DATA
POLICY LAB IN STRONG SUPPORT.
SEAN FROM KOREAN COMMUNITY
CENTER OF THE EAST BAY IN STRONG
SUPPORT. Tê QUACH WITH THE
PROGRESSIVE VIETNAMESE AMERICAN
ORGANIZATION IN STRONG SUPPORT.
PREETI SABARWAL WITH THE SOUTH
ASIAN MENTAL HEALTH CONSORTIUM
IN STRONG SUPPORT. RIYA MAHARAJ,
RESIDENTS OF HAYWARD,
CALIFORNIA, IN STRONG SUPPORT.
JAMARI FERNANDEZ, RESIDENT OF
CONTRA COSTA COUNTY. I'M. I'M IN
STRONG SUPPORT. TWITTER WITH THE
SOUTHEAST ASIA RESOURCE ACTION
CENTER AND STRONG SUPPORT.
NATALIE ASSOON RAMS AND ALSO
REGIONAL PACIFIC ISLANDER TASK
FORCE I STAND IN STRONG SUPPORT.
ANGELA TANG, RICHMOND AREA
MULTISERVICES RAMS IN STRONG
SUPPORT. BEN WONG, ASIAN HEALTH
SERVICES IN STRONG SUPPORT.
PETER G, LITTLE, TOKYO SERVICE
CENTER STRONG SUPPORT. KAYLA
URIBE WITH ALAMEDA COUNTY STRONG
SUPPORT. MOLINA IGNACIO WITH
ALAMEDA COUNTY IN STRONG SUPPORT
. JULIA LIAO, CITY OF OAKLAND IN
STRONG SUPPORT. IAN RICK JOHN,
RESIDENT OF SAN MATEO COUNTY,
STRONG SUPPORT. TESTING. Þ AND
SOLANO COUNTY. STRONG SUPPORT.
PRIYA RAMAN, RESIDENT OF
HAYWARD, IN STRONG SUPPORT.
THANK YOU. CONGRATULATIONS.
SENATOR MINH, YOU HAD QUITE THE
ENTOURAGE WITH YOU TODAY. BIGGER
THAN MISS HILTON. THEY HEARD
PARIS HILTON. YES, YES. ALL
RIGHT. WE'LL GIVE SOME TIME FOR
THE OPPOSITION TO COME FORWARD.
ANY WITNESSES IN OPPOSITION OF
THIS BILL? SEEING NONE, WE WILL
ALLOW MEMBERS OF THE PUBLIC THAT
WISH TO EXPRESS THEIR OPPOSITION
TO COME TO THE MICROPHONE.
NOBODY'S COMING FORWARD, SO WE
WILL MOVE FORWARD. QUESTIONS?
ALL RIGHT. I SEE A MOVE. ALL
RIGHT, WOULD YOU LIKE TO CLOSE?
I APPRECIATE THAT. I JUST NOTE
THAT THIS IS A ÁP LEGISLATIVE
CAUCUS PRIORITY BILL, AND I
WOULD RESPECTFULLY ASK YOUR.
AYE. VOTE. THANK YOU SO MUCH,
SENATOR, I JUST WANT TO JUST
CLARIFY. YOU DID SAY THAT YOU
WERE ACCEPTING THE AMENDMENTS,
DID YOU NOTE AN IMPLEMENTATION
DATE FOR THE CREATION OF THE NEW
OFFICE OF LANGUAGE ACCESS? I
MIGHT REFER YOU. I'LL REFER TO
MY WITNESS, IF THAT'S ALL RIGHT.
YES, WE DID AGREE FOR
IMPLEMENTATION DATE OF JANUARY
1ST, 2026. GREAT. THANK YOU SO
MUCH. ALL RIGHT, ALL RIGHT, WE
WILL CALL THE ROLL. THIS IS, DO
PASS AS AMENDED. FILE ITEM
THREE, SB 1078. MOTION IS DUE.
PASS AS AMENDED TO
APPROPRIATIONS COMMITTEE.
ALVARADO, GIL Ã ALVARADO. GIL
Ã. OCHOA. BOGH BLAKE. SPEER.
HURTADO MENGIBAR I MENGIBAR. I
THANK YOU SO MUCH. THAT'S TWO
EYES AND WE WILL TAKE THE ROLL
OPEN. THANK YOU SO MUCH. THANK
YOU SO MUCH FOR BEING HERE. ALL
RIGHT, SENATOR, EGGMAN, ITEM
NUMBER FOUR, SENATE BILL 1082.
THANK YOU SO MUCH FOR YOUR
PATIENCE. AND WE'LL HAVE YOU
COME TO THE FRONT. DO YOU HAVE
ANY WITNESSES WITH YOU TODAY? I
DO. WONDERFUL. WE'LL HAVE TWO OF
THEM SIT UP FRONT HERE AND WE
WILL GET THEM SET. ALL RIGHT.
THANK YOU. PLEASE PROCEED WHEN
YOU'RE READY. THANK YOU VERY
MUCH. AND THANK YOU FOR HEARING
THIS BILL. ON THIS VERY LONG DAY
WE'VE ALL HAD TODAY. AND I WANT
TO START OFF BY SAYING THAT I'LL
BE ACCEPTING, THE AMENDMENTS,
AND I WANT TO ACKNOWLEDGE THE,
THE COMMITTEE RECOMMENDATIONS
FOR THE ANALYSIS AND COMMIT TO
CONTINUING TO WORK ON THOSE. AND
I WANT TO START OFF SAYING,
MEMBERS, MEMBERS, A LOT OF MY
BILLS YOU'VE HEARD ME I'VE BEEN
WORKING ON FOR YEARS AND YEARS,
AND THIS IS NOT GOING TO BE ONE
OF THOSE, BECAUSE THIS IS
SOMETHING THAT THE TWO OF YOU
MAY HAVE TO TAKE ON EVEN AFTER I
LEAVE, BECAUSE IT'S COMPLICATED,
BUT I THINK IT'S AN IMPORTANT
ISSUE THAT WE NEED TO BE ABLE TO
GET OUR ARMS AROUND. SO THIS IS
OUR FIRST KIND OF RUN UP ON
THIS. AND ANYBODY WHO'S WORKED
IN THE FIELD FOR A WHILE KNOW
THAT FUNDING FOR RESIDENTIAL
CARE FACILITIES IS WOEFULLY LOW,
AND THE ID AND POPULATION,
BECAUSE THEY'RE RECOGNIZED UNDER
THE BY THE FEDS ARE ABLE TO
PROVIDE MORE AUGMENTED FUNDING,
FOR THEIR THEIR CARE. WE DO NOT
HAVE THAT SAME KIND OF THING FOR
PEOPLE SUFFERING FROM MENTAL
HEALTH, ILLNESS AND SUBSTANCE
ABUSE. SO SO AND CURRENTLY AND
AGAIN, WE NEED ALL KINDS OF
CARE. SOME PEOPLE SAY, WELL,
THIS IS NOT THE HOUSING THAT
HEALS OR WE NEED ALL KINDS OF
CARE FROM AN ENTIRE CONTINUUM SO
PEOPLE CAN MOVE UP AND DOWN ON
THE SYSTEM OF CARE AS THEIR
NEEDS AND SYMPTOMS CALL FOR IT
AT THE TIME, SO THESE ARE, YOU
KNOW, A LOWER LEVEL AND
OFTENTIMES YOU'LL GET COMPLAINTS
IN YOUR NEIGHBORHOOD IF YOU HAVE
THEM BECAUSE PEOPLE SAY THEY'RE
NOT SUPERVISED OR SOMETHING'S
GOING ON, SO WE AGREE THAT
PEOPLE NEED MORE SERVICES WHEN
THEY'RE LIVING IN THESE KINDS OF
FACILITIES TO BE ABLE TO MAKE IT
SERVICES BETTER. PEOPLE GET
SAFER. PEOPLE GET, YOU KNOW,
MAYBE EVEN ABLE TO MOVE TO A
LOWER LEVEL OF CARE. BUT THE
ISSUE, OF COURSE, IS THEN HOW DO
YOU PAY FOR THAT? HOW DO YOU PAY
FOR THOSE SERVICES? SO WE
ACKNOWLEDGE THAT THIS IS
COMPLICATED, THAT WE'RE TRYING
TO TAKE ON, OVER THE YEARS THAT
THE SO THE AAFSW AND THE RC
PHASE. AND I'VE DONE WORK ON
THOSE OVER THE YEARS MORE FOR
JUST OUR SENIOR FACILITY. BUT
NOW HOW DO WE MAKE THEM MORE
ADAPTABLE FOR THE FOLKS THAT
HOPEFULLY WE'RE GOING TO HAVE A
LOT MORE SERVICES TO BE PROVIDED
FOR US? YOU KNOW, WE PASS A CARE
COURT, WE DID SB 43, AND JUST
THIS LAST YEAR, WE PASSED PROP
ONE. ALL OF THESE ARE GOING TO
BE PROVIDED MORE HOUSING, MORE
PLACES FOR PEOPLE TO LIVE. AND
WHILE A LOT OF THAT'S BEING
BUILT OUT, WE SHOULD BE ABLE TO
USE OUR EXISTING STOCK TO ITS
FULLEST POTENTIAL. SO THAT IS
WHAT WE'RE TRYING TO DO HERE, TO
PROVIDE A STABLE FUNDING
SOLUTION THAT ALLOWS FOR
COMMUNITY CARE FACILITIES TO
CONTINUE TO PROVIDE THIS KIND OF
CARE, AS ANOTHER PART OF OUR
NEED, WE UNDERSTAND THAT WE MAY
HAVE TO ASK THE GOVERNOR, THE
ADMINISTRATION TO GET A WAIVER,
BECAUSE WE UNDERSTAND THAT WE'RE
CURRENTLY CAN'T BILL FOR THOSE.
BUT WE ALSO KNOW WITH WHOLE
PERSON CARE, AND CAL-AIM, THAT
THAT IS GOING TO PROVIDE A LOT
OF FUNDING, TO BE ABLE TO DEAL
WITH DIFFERENT ISSUES AS WELL.
SO WHAT WE'RE TRYING TO WORK ON
HERE IS TO PROVIDE A STRUCTURE,
THAT DHS WOULD ASK THE
DEPARTMENT TO HELP US WITH THIS,
TO IMPLEMENT A CERTIFICATION
PROGRAM TO PROVIDE AUGMENTED
SERVICES TO INDIVIDUALS, AND
AGAIN, A LOT OF THESE SERVICES,
I THINK, HAVE ALREADY BEEN
ESTABLISHED, JUST THROUGH, BASIC
PRACTICE. BUT WE NEED TO BE ABLE
AS IF YOU WILL PUT THEM ON A
MENU AND THEN BE ABLE TO PROVIDE
A HOUSING, IF A SINGLE PERSON
GOES. SO EVERY PERSON WOULD HAVE
A DIFFERENT LEVEL OF
AUGMENTATION BASED ON THEIR
NEEDS, AND SO AGAIN, I
UNDERSTAND THAT WE'RE WE'RE
WORKING ON THIS. IT'S A PIECE OF
PROGRESS. AND WE'RE ALL GOING TO
HAVE TO, YOU KNOW, GET BEHIND
THIS IN THE NEXT COUPLE OF YEARS
TO COME. ALL THE OTHER WORK I'VE
DONE TOUCHES ON THIS. BUT AGAIN,
THIS IS ANOTHER, STEP AT THIS.
AND TODAY TO TESTIFY IN SUPPORT,
I HAVE THERESA COMSTOCK, THE
EXECUTIVE DIRECTOR OF THE
CALIFORNIA ASSOCIATION OF LOCAL
BEHAVIORAL HEALTH BOARDS AND
COMMISSIONS, AND TARA GAMBOA
EASTMAN, DIRECTOR OF GOVERNMENT
AFFAIRS WITH THE STEINBERG
INSTITUTE. THANK YOU SO MUCH.
WELCOME, ASK YOU TO KEEP YOUR
REMARKS TO TWO MINUTES, AND
PLEASE SAY YOUR NAME AND YOUR
ORGANIZATION WHEN YOU BEGIN. HI.
I'M THERESA COMSTOCK WITH THE
CALIFORNIA ASSOCIATION OF LOCAL
BEHAVIORAL HEALTH BOARDS AND
COMMISSIONS. WE'RE SPONSORING SB
1082 BECAUSE IT ADDRESSES A
CRITICAL NEED TO INCREASE
SUPPORT AND FUNDING FOR SMALL
SIX BEDS OR SMALLER RESIDENTIAL
CARE FACILITIES, OFTEN KNOWN AS
BOARDING CARES. UNFORTUNATELY,
WE HAVE SEEN AND CONTINUE TO SEE
THE CLOSURE OF THESE HOMES. LACK
OF ACCESS TO THIS ESSENTIAL
RESOURCE RESOURCE IMPACTS
FAMILIES, LOCAL COMMUNITIES AND
MOST OF ALL, THOSE LIVING WITH
SMI, WHO FOR HEALTH OR PHYSICAL
REASONS CANNOT LIVE
INDEPENDENTLY. ALTHOUGH WE
APPRECIATE RECENT EFFORTS FROM
THE STATE TOWARD INCREASING
RELATED RESOURCES, WE STILL MUST
ADDRESS A CENTRAL ISSUE. CURRENT
FUNDING IS INSUFFICIENT BECAUSE
IT IS LIMITED TO SOCIAL SOCIAL
SECURITY FUNDING OF
APPROXIMATELY 1400 PER MONTH PER
INDIVIDUAL. SMALL BOARDING CARES
RELY ON THIS FOR THEIR PRIMARY
AND OFTEN THEIR ONLY SOURCE OF
INCOME. THESE FACILITIES WILL
NOT BE FUNCTIONALLY OR
FINANCIALLY VIABLE UNTIL WE
ADDRESS THE NEED FOR INCREASED
SUPPORT COUPLED WITH RELIABLE,
ADEQUATE MONTHLY OPERATING
REVENUE. SB 1082 DRAWS ON A
MODEL CURRENTLY IN PLACE FOR
INDIVIDUALS WITH INTELLECTUAL
AND DEVELOPMENTAL DISABILITIES,
FOR THOSE WITH IDD, THERE IS A
TIERED STRUCTURE, STRUCTURE OF
FUNDING FOR SMALL, OFTEN FOUR
BED COMMUNITY CARE FACILITIES
THAT IS ADMINISTERED BY
CALIFORNIA'S 21 REGIONAL CENTERS
ALONG WITH STATE AGENCIES. RATES
RANGE UP TO OVER 12,000 PER
MONTH BASED ON A CONSUMER'S
NEEDS AND THIS MODEL. THIS MODEL
ALLOWS FOR MEDICAID MATCHING
THROUGH SB 1082. WE ASK YOU TO
SUPPORT PROVIDING THIS MODEL FOR
INDIVIDUALS WITH SERIOUS MENTAL
ILLNESS IN ORDER TO ADDRESS LONG
STANDING GAPS IN BARRIERS AND WE
THANK SENATOR EGGMAN FOR SB 1082
AND ASK FOR YOUR SUPPORT. THANK
YOU. GOOD EVENING, CHAIR AND
MEMBERS TARA GAMBOA EASTMAN WITH
THE STEINBERG INSTITUTE, PROUD
CO-SPONSOR OF SB 1082,
CALIFORNIA FACES A CRISIS.
SUBSTANCE USE RATES HAVE
SKYROCKETED, AND TENS OF
THOUSANDS OF PEOPLE ARE
STRUGGLING WITH ADDICTION AND
MENTAL ILLNESS AND UNABLE TO
ACCESS CARE TOO MANY FIND
THEMSELVES CYCLING THROUGH OUR
STREETS, EMERGENCY ROOMS AND
JAIL CELLS. A RECENT UCSF STUDY
HIGHLIGHTS THE DEVASTATING SCALE
OF THIS CRISIS IN CALIFORNIA.
MORE THAN 170,000 PEOPLE
EXPERIENCE HOMELESSNESS DAILY.
82% OF PEOPLE EXPERIENCING
HOMELESSNESS REPORTED HAVING A
SERIOUS MENTAL HEALTH CONDITION,
AND MORE THAN A QUARTER OF THOSE
PEOPLE HAD BEEN HOSPITALIZED
BECAUSE OF IT. 19% OF PEOPLE
ENTERED HOMELESSNESS DIRECTLY
FROM AN INSTITUTION SUCH AS
PRISON OR JAIL, BREAKING THE
CYCLE BETWEEN HOMELESSNESS,
HOSPITALIZATION, AND
INCARCERATION FOR PEOPLE WITH A
MENTAL ILLNESS REQUIRES A
MULTIFACETED APPROACH. BUT THE
BOTTOM LINE IS IT'S IMPOSSIBLE
TO GET WELL WHEN YOU DON'T HAVE
THE SAFE AND CONSISTENT PLACE TO
SLEEP AT NIGHT. ADULT
RESIDENTIAL FACILITIES AND
RESIDENTIAL CARE FACILITIES FOR
THE ELDERLY ARE CRITICAL
COMPONENTS OF CALIFORNIA'S
HOUSING CONTINUUM. FOR PEOPLE
WITH A SERIOUS MENTAL ILLNESS,
BUT THEY ARE CLOSING AT ALARMING
RATES IN JUST TWO YEARS, FROM
2021 THROUGH 2022, NEARLY A
THOUSAND OF THESE FACILITIES
CLOSED. THAT RESULTED IN A LOSS
OF OVER 7000 BEDS. LOW
REIMBURSEMENT RATES, INCREASED
LABOR COSTS AND INCREASED LAND
VALUES ARE ALL CONTRIBUTING TO
THE RAPID RATE OF CLOSURES. IF
WE DO NOT STABILIZE THESE
FACILITIES, OUR HOMELESSNESS AND
MENTAL HEALTH CRISES WILL ONLY
CONTINUE TO WORSEN. SB 1082 WILL
ENSURE THE LONG TERME FINANCIAL
STABILITY OF THESE CRITICAL
FACILITIES, AND THAT CALIFORNIA
HAS A ROBUST CONTINUUM OF
HOUSING OPTIONS FOR PEOPLE WITH
SERIOUS MENTAL ILLNESS.
RESPECTFULLY REQUEST YOUR AYE
VOTE. THANK YOU. THANK YOU SO
MUCH. WE ARE NOW OPEN IT UP TO
THE PUBLIC. ANY MEMBERS OF THE
PUBLIC WANTING TO EXPRESS THEIR
SUPPORT FOR SENATE BILL 1082?
PLEASE COME TO THE MICROPHONE.
OKAY. SEEING NONE, WE WILL GIVE
THE OPPOSITION AN OPPORTUNITY.
ANY, WITNESSES IN OPPOSITION OF
THIS BILL, SEEING NONE, MEMBERS
OF THE PUBLIC WISHING TO EXPRESS
THEIR OPPOSITION TO THIS BILL.
PLEASE COME FORWARD. ALL RIGHT.
WE WILL BRING IT BACK TO THE
COMMITTEE. QUESTIONS OR CONCERNS
FROM THE COMMITTEE. SENATOR
MENGIBAR, THANK YOU SO MUCH,
SENATOR, AND I'M NOT SURE IF YOU
WERE THE WITNESS. I KNOW THE
POINT IS TO PROVIDE 24 HOUR
NON-MEDICAL CARE, BUT YOUR BILL
ALSO DEFINES INTENSIVE SUPPORT
NEEDS. AND UNDER THERE, THERE'S
A LOT OF MEDICAL SERVICES, IS
THAT, WILL WE WILL WE BE
REPLACING THAT, REMOVING THAT,
OR ARE WE LOOKING TO PROVIDE
MEDICAL CARE? I THINK WE'RE
LOOKING TO PROVIDE NON-SKILLED
CARE, BUT DIFFERENT KINDS OF
MEDICAL CARE ARE OFTEN OFFERED
RIGHT. WELL, WE, DIDN'T GET
AMENDMENTS IN YET, ALTHOUGH,
DIANA WAS REALLY HELPFUL IN
EXPLAINING TO US THAT WE WOULD
NEED MEDICAL PERSONNEL ON SITE
IF WE HAD SOME OF THOSE LISTED.
SO ANYTHING THAT WOULD REQUIRE,
LIKE A NURSE OR SOMEBODY THAT
WOULD BE REQUIRED AT ONE OF
THESE SMALL BOARDING HOURS, ONE
OF THEM THAT REQUIRES. SO THOSE
ARE COMING OFF Þ POINT IS TO
HAVE NO SKILLED NEEDS. THAT
WOULD REQUIRE A LICENSE. SO WE
YEAH, WE DO INTEND IT FOR
NON-MEDICAL CARE AND IS I KNOW
WE'RE TRYING TO REPLICATE SOME
OF THE, THE ONES THAT EXIST NOW
LIKE CLIFFS. ARE WE IS THIS
GOING TO BE SIMILAR TO LIKE THE
CONGREGATE LIVING FACILITIES
SINGLE FAMILY HOMES, SIX ROOMS,
INDEPENDENT LIVING FOR THOSE ON
PERHAPS TRACKS WHO ARE,
NON-AMBULATORY Kò. THAT IS NOT
THIS INTENTION. NO. OKAY BUT
IT'S MORE SIMILAR TO THE HOMES
FOR ID, CORRECT? OKAY, CORRECT.
SO SOMEONE MAY NEED HELP WITH
WITH BATHING OR SOMETHING, BUT
MAY NOT NEED HELP WITH. RIGHT.
CATHETER. OKAY. THANK YOU. THANK
YOU SO MUCH. ANY OTHER
QUESTIONS? OKAY ALL RIGHT,
SENATOR EGGMAN, I LOVE WHEN YOU
BRING UP BILL HERE, BECAUSE THEN
I GET TO SAY GOOD THINGS ABOUT
YOU, ALL THINGS MENTAL HEALTH.
IT'S LIKE, YOU KNOW, YOU'RE MY
GO TO. SO YOU'RE RIGHT. THIS IS
A COMPLEX ONE, AND THIS IS ONE
THAT IS GOING TO NEED SOME, SOME
EDUCATION AND AWARENESS AND JUST
FINE TUNING MY DEPARTMENT AND
EVERYBODY THAT'S RIGHT THERE,
LIKE, HOW ARE WE GOING TO HOW
ARE WE GOING TO DO THIS GUYS.
BECAUSE THIS IS OUR, YOU KNOW,
BUT WHAT I, WHAT I LOVE ABOUT
YOUR APPROACH HERE IS YOU ARE
LOOKING LONG TERME. YOU'RE LIKE
SEEING THE HORIZON SAYING IF WE
DON'T GET THIS DONE NOW, IT'S
LIKE WE'RE GOING TO SEE MORE AND
MORE PROBLEMS. AND I
CONSISTENTLY GET THAT FROM YOU
WHEN YOU BRING BILLS TO US HERE,
I DID JUST WANT TO NOTE THAT THE
LONG TERMS CARE OMBUDSMAN,
OMBUDSMAN GUZMAN, YOU KNOW, DID
REACH OUT TO US. I KNOW THEY
THEY REACHED OUT TO YOU. TO BE
FAIR, THEY DID NOT SUBMIT THEIR
LETTER OF OPPOSITION IN DUE
TIME. BUT I KNOW THAT YOU'RE
GOING TO CONTINUE TO WORK ON
SOME OF THOSE CONCERNS TO ENSURE
THAT THIS IS EXACTLY WHAT YOU
WANT TO PUT FORWARD, RIGHT?
YEAH. NO, WE APPRECIATE THEIR
CONCERNS AND THEIR CONCERNS ARE
AT THE END OF A BUNCH OF OTHER
CONCERNS. RIGHT, RIGHT, RIGHT.
WE NEED TO GET THIS SET UP
BEFORE WE CAN WORRY ABOUT THE
SUPERVISION PART OF IT. BUT YES,
WE TOTALLY UNDERSTAND, THAT,
THAT MORE WILL NEED TO BE DONE,
ESPECIALLY IN INCLUDING THEM.
AND THANK YOU FOR BEING OPEN TO
AMENDMENTS AND MAKING THIS BILL
THE BEST IT CAN BE. YEAH I'LL BE
TAKE US ALL. YES, EXACTLY. YEAH.
I'M GOING TO SEE HOW MANY BATONS
YOU PASS OVER. AND YES, IT'S
LIKE IT'S LIKE THE BOUQUET FROM
THE WEDDINGS, RIGHT? IT'S LIKE
WE ALL WANT TO GRAB THE. ALL
RIGHT. VERY GOOD. SO THIS BILL
IS GOING TO BE, DO PASS AS
AMENDED, ASSISTANT, PLEASE CALL
THE ROLL. OH. I'M SORRY, DID YOU
CLOSE? I THOUGHT THAT WAS
LOVELY. ALL RIGHT, ALL RIGHT.
THERE IS OUR CLOTHES. JUST GOING
TO THROW THE. SHE'S GOING TO
THROW THE BOUQUET OUT. ALL
RIGHT, IS THERE A MOTION?
SENATOR, THANK YOU FOR THE
MOTION, DO PASS THIS AMENDMENT
AS AMENDED. PLEASE CALL THE ROLL
FILE ITEM FOR SB 1082. DO PASS,
AS AMENDED TO APPROPRIATION
COMMITTEE. ALVARADO, GIL Ã
ALVARADO, GIL, A OCHOA BOGH
BLAKE. SPEER, A BLAKE. SPEER I
HURTADO. HURTADO I MENGIBAR I
MENGIBAR I. ALL RIGHT, THAT IS,
444 EYES AND ONE ONE. NO OR. I'M
SORRY. NO. NOS. YEAH. NOBODY.
YES. NOBODY SAID NO. YEAH. I WAS
LIKE, WAIT A MINUTE. NO. YEAH.
FOUR EYES. NO ONE SAID NO. AND
WE'RE GOING TO BE ON CALL FOR
THAT ONE. WE GOT THIS. HEY THANK
YOU EVERYBODY. 530 SHADOW YOU'RE
OKAY. THANK YOU SO MUCH. THANK
YOU TO YOUR WITNESSES AS WELL.
ALL RIGHT. CHECKING FOR AUTHORS.
I SEE BECKER'S HERE. WONDERFUL.
WE'LL GO TO ITEM NUMBER FIVE,
SENATE BILL 307. SENATOR BECKER.
DO YOU HAVE WITNESSES WITH YOU
TODAY? YES. WONDERFUL. WE'LL
HAVE YOUR TWO WITNESSES COME
FORWARD AND GET SITUATED. AND
PROCEED WHEN YOU ARE READY.
THANK YOU, CHAIR AND MEMBERS,
I'D LIKE TO FIRST START BY
SAYING I'M ACCEPTING THE
COMMITTEE'S AMENDMENTS TO ALIGN
THE BILL WITH FEDERAL STATUTE.
SB 1307. THIS BILL ENCOURAGES
THE GROWTH OF THE EARLY
CHILDHOOD AND EDUCATOR, OR EC
WORKFORCE BY MAKING EC WORKERS
ELIGIBLE FOR STATE SUBSIDIZED
CHILD CARE AND PLACING THEM ON
THE PRIORITIZATION LIST. THIS
WILL PLACE THEM THIRD ON THE
PRIORITIZATION LIST IN 2022.
CALIFORNIA HAD 7200 FEWER CHILD
CARE SLOTS AND 7000 FEWER CHILD
CARE JOBS THAN BEFORE THE COVID
PANDEMIC. THIS SHORTAGE IS OFTEN
ATTRIBUTED TO LOW WAGES, A LACK
OF STATE SUPPORT, AND THE HIGH
COST OF CHILD CARE FOR EARLY
CHILDHOOD EDUCATORS, EARLY
CHILDHOOD EDUCATORS, OAN
CHILDREN. A SHORTAGE IN THE EC
WORKFORCE HAS LARGE IMPACTS ON
ALL OTHER ASPECTS OF THE
ECONOMY. IN 2020 TO 2021, 13% OF
YOUNG PARENTS HAD TO QUIT,
CHANGE OR REFUSE A JOB BECAUSE
OF CHILD CARE TO ACCESS STATE
SUBSIDIZED CARE, A FAMILY HAS TO
MAKE LESS THAN 85% OF THE STATE
MEDIAN INCOME DEPENDENT ON THEIR
FAMILY SIZE. THIS BILL WILL
PROVIDE ELIGIBILITY FOR STATE
SUBSIDIZED CHILD CARE BY
EXEMPTING THE CHILD CARE WORKERS
INCOME. WHEN CONSIDERING WHETHER
THE HOUSEHOLD MAKES 85% OF THE
STATE MEDIAN INCOME OR LESS, I
WILL NOTE QUICKLY THAT THIS WAS
THE WINNER OF MY. MY DISTRICTS
OUGHT TO BE A LAW CONTEST, AND
IT WAS SUGGESTED BY OUR WITNESS
HERE TODAY, CAROL THOMPSON, WHO
IS A FOUNDER AND EXECUTIVE OF
ALL FIVE. CONGRATULATIONS,
CAROL. PLEASE. WHEN YOU ARE
READY, YOU'LL HAVE TWO MINUTES
TO PRESENT YOUR TESTIMONY, AND
CONGRATULATIONS, BECAUSE I KNOW
THAT THOSE ARE SOME COMPETITIVE,
COMPETITIVE, WHAT DO YOU CALL
THOSE SUBMISSIONS? YES. YEAH.
THANK YOU. SO MUCH, COMMITTEE
MEMBERS. I'M HONORED TO SPEAK
WITH YOU TODAY. AND TO
CO-SPONSOR SB 1307. I'M CAROL
THOMPSON, FOUNDER AND EXECUTIVE
DIRECTOR OF ALL FIVE. ALL FIVE
IS AN EARLY CARE AND EDUCATION
PROGRAM SERVING CHILDREN AND
FAMILIES OR CHILDREN BETWEEN 0
TO 5 AND THEIR FAMILIES IN EAST
PALO ALTO AND EASTERN MENLO PARK
. IN RESPONSE TO OUR COMMUNITY'S
NEED FOR MORE ADDITIONAL EARLY
CARE AND EDUCATION SPOTS, ALL
FIVE IS GROWING ITS ENROLLMENT.
LIKE MANY PROGRAMS, THE MAIN
BARRIER TO GROWTH IS HIRING
SKILLED TEACHERS WHO ARE
QUALIFIED TO BE IN A CLASSROOM
WITH YOUNG CHILDREN. MANY OF OUR
PEER PROGRAMS ARE WORSE OFF,
LIMITING ENROLLMENT, CLOSING
PROGRAMS, CLOSING ENTIRE
CLASSROOMS DUE TO THE INABILITY
TO FIND QUALIFIED EARLY
CHILDHOOD EDUCATORS WAS BECAUSE
EARLY CHILDHOOD EDUCATION WAGES
ARE QUITE LOW AND CHILD CARE
COSTS ARE QUITE HIGH. SOME
TEACHERS ARE REQUIRED TO MAKE TO
PAY AS MUCH AS THEIR OWN CHILD'S
TUITION TO AS MUCH FOR THEIR OWN
CHILD'S TUITION AS THEIR NET
INCOME FOR TEACHING. FOR MANY,
THIS MEANS THEY CHOOSE TO LEAVE
THE CLASSROOM. HOWEVER, THANKS
TO SENATOR BECKER'S EFFORTS, WE
HAVE YOU HAVE THE OPPORTUNITY TO
MAKE A MEANINGFUL IMPACT ON
CALIFORNIA'S ABILITY TO ATTRACT,
RECRUIT, AND RETAIN EARLY
CHILDHOOD EDUCATORS. EACH
QUALIFIED EARLY CHILD EDUCATOR
EMPLOYED IN A CLASSROOM CREATES
EIGHT ADDITIONAL SPACES FOR
CHILDREN. THEREFORE BY PROVIDING
ANY EDUCATORS CHILD WITH A STATE
SUBSIDY TUITION, YOU'LL CREATE
SPOTS FOR SEVEN ADDITIONAL
CHILDREN, BOOSTING OUR EDUCATION
WORKFORCE HAS THE POTENTIAL TO
CHANGE THE TRAJECTORY OF
CHILDREN'S LIVES, OF EDUCATORS
AND OF FAMILIES WHO ARE
DESPERATE FOR CARE. I URGE YOUR
AYE ON SB 1307. THANK YOU SO
MUCH. WE'LL NOW OPEN IT UP TO
MEMBERS OF THE PUBLIC WISHING TO
EXPRESS THEIR SUPPORT FOR THIS
BILL. ETHAN NAGLER, ON BEHALF OF
THE CITY OF MOUNTAIN VIEW, IN
SUPPORT. THANK YOU. GOOD
AFTERNOON, MADAM CHAIR AND
SENATORS ROSANNA CARVACHO
ELLIOTT HERE ON BEHALF OF THE
EARLY CARE AND EDUCATION
CONSORTIUM AND SUPPORT. THANK
YOU. YEAH. GOOD AFTERNOON YET
AGAIN, ON BEHALF OF SILICON
VALLEY COMMUNITY FOUNDATION IN
SUPPORT. THANK YOU. THANK YOU SO
MUCH. ALL RIGHT, DO WE HAVE ANY
TESTIMONY, FOR OPPOSITION OF
THIS BILL? OKAY. SEEING NONE,
ANY MEMBERS OF THE PUBLIC
WISHING TO EXPRESS THEIR
OPPOSITION. ALL RIGHT. WE'LL
BRING IT BACK TO THE COMMITTEE.
QUESTIONS OR COMMENTS FOR THE
AUTHOR. MORE THAN GRATEFUL,
SENATOR OKUBO. SO THANK YOU,
SENATOR BECKER, FOR BRINGING
THIS, THIS BILL FORWARD, I'LL BE
HAPPY TO SUPPORT THE BILL TODAY
AND MOVE IT WHEN THE APPROPRIATE
TIME IS HERE. THANK YOU. THANK
YOU. QUESTIONS OR COMMENTS? WE
HAVE A MOTION. OKAY. WOULD YOU
LIKE TO CLOSE, NO. JUST THAT.
THANK YOU FOR OUR WITNESS AND
SUGGESTING THIS AND RESPECTFULLY
ASKED FOR AN AYE VOTE. ALL
RIGHT. THANK YOU SO MUCH, THE
CHAIR, FOR WORKING WITH US.
THANK YOU. THANK YOU FOR WORKING
WITH US TO. ALL RIGHT. WE'LL
CALL THE ROLL FILE ITEM FIVE SB
1307 Dð PASSES AMENDED TO
APPROPRIATIONS COMMITTEE.
ALVARADO, GIL. Ã. ALVARADO,
GIL. AYE. OCHOA BOG. AYE.
AQUEBOGUE. AYE. BLAKE. SPEAR.
BLAKE SPEAR. AYE. HURTADO.
HURTADO. AYE. MENGIBAR MENGIBAR.
AYE THAT IS FIVE AND. OH. ARE
WE. EVERYONE'S HERE. GREAT. SO
THAT BILL IS OUT. THANK YOU SO
MUCH. AND THANK YOU.
CONGRATULATIONS WHILE WE ARE
WAITING FOR OUR NEXT AUTHOR, I'M
GOING TO BRING US BACK TO THE
CONSENT AND GO THROUGH SOME OF
THE ITEMS THAT WE'RE MISSING
STILL. SO DO WE HAVE A MOTION ON
CONSENT MOVED BY SENATOR
MENGIBAR? WE'LL CALL THE ROLL ON
THE CONSENT ITEM. WAIT. CAN SHE
MOTION HER OWN BILL? SET Þ, ON
CONSENT? NEVER MIND. I'LL. I'LL
MOVE. MOVE IT. YEAH, YEAH, I'M
JUST CHECKING. IT'S. I'M TIRED,
BUT NOT THAT TIRED. DO WE HAVE A
MOTION ON CONSENT? YEAH. ALL
RIGHT. THANK YOU, THANK YOU.
PLEASE CALL THE ROLL CONSENT
CALENDAR FILE ITEM 11. ALVARADO
GIL A ALVARADO GIL A OCHOA BOG A
AKABOGU I LAKES. BEAR LAKE SPEAR
I HURTADO HURTADO I MENGIBAR
MENGIBAR I. ALL RIGHT. THE VOTE
IS FIVE AND ZERO. THE CONSENT
CALENDAR IS OUT. CAN YOU CALL
SOME OF THE OTHER ITEMS WHILE
WE'RE GETTING SITUATED? AND I
SEE ARTHUR HAS JUST ENTERED THE
ONLY ONE. STILL ON. I'M SORRY.
DO YOU WANT ME TO DO THE BILLS
ON? YES, PLEASE. OKAY. OH. FILE
ITEM ONE, SB 998 ALVARADO GIL.
YES AQUEBOGUE IS THIS 998?
SENATOR RUBIO'S. BLAKE I XIAOBO
I HURTADO. HURTADO I. SORRY, I
CAN'T YOU UPSTAIRS. I'M SORRY.
OKAY SO WE'RE STAYING. SO THE
VOTE IS THREE AYE. ONE. NO. AND
ONE ABSTAIN. THAT BILL IS OUT.
FILE ITEM TWO, SB 1043. DO PASS
TO THE APPROPRIATIONS COMMITTEE.
ALVARADO GIL. AYE. ALVARADO,
GIL. AYE. OCHOA BOG. OKOBOJI.
BLAKE. SPEER I'M SORRY. GROVE.
GROVE. GROVE. SB 1042. BLAKE.
SPEER. AYE. HURTADO HURTADO.
AYE. MENGIBAR MENGIBAR. AYE
THAT'S FIVE. AND. OH, THAT BILL
IS OUT. OKAY. ITEM NUMBER THREE.
SENATE BILL 1078. ALVARADO
AKOBO. AKOBO. AYE. BLAKE SPEER.
AYE. BLAKE. SPEER. AYE. HURTADO
HURTADO. AYE FIVE. AYE. ZERO. NO
THAT BILL IS OUT. DO YOU HAVE
ANY MORE FILE? ITEM? FOUR SB
1082. ACHO. BOGUE. AYE, AYE. CHO
BOGH. AYE OKAY, THAT'S FIVE AND
ZERO. AND THAT BILL IS OUT AS
WELL. THANK YOU SO MUCH. ALL
RIGHT, WE'RE ALL CAUGHT UP,
SENATOR NEWMAN, WE'LL HEAR ITEM
NUMBER SEVEN. SENATE BILL 1362.
WHEN YOU ARE READY. DO YOU HAVE
ANY WITNESSES WITH YOU TODAY? I
SHOULD HAVE TWO. OKAY. IF YOU
HAVE TWO WITNESSES, WE'LL HAVE
THEM COME FORWARD AND FIND THEIR
SEATS. SO WHEN YOU'RE READY, YOU
CAN REFER TO THEM. YOU CAN GET
STARTED WHENEVER YOU ARE READY.
THANK YOU. THANK YOU, MADAM
CHAIR AND MEMBERS, I'M EXCITED
TO SEE YOUR OFFERING EVENING
CLASSES HERE, EXCITING WAY TO
GET MY DEGREE, AND WE'RE READY,
MADAM CHAIR AND MEMBERS. THANK
YOU FOR THE OPPORTUNITY TO
PRESENT SB 1362, WHICH WOULD
MAKE A CHANGE TO THE EXISTING
CAL ABLE ACT BY PROVIDING SEED
FUNDING OF AT LEAST $250,
SUBJECT TO AN APPROPRIATION BY
THE LEGISLATURE. IN ORDER TO
ENCOURAGE ELIGIBLE CALIFORNIANS
TO PARTICIPATE IN THIS
INNOVATIVE SAVINGS AND
INVESTMENT PROGRAM, WHICH HELPS
FOSTER FINANCIAL SECURITY WITH A
529 INVESTMENT ACCOUNT, CAL ABLE
IS THE CALIFORNIA VERSION OF THE
ACHIEVING A BETTER LIFE
EXPERIENCE ACT, A FEDERAL
PROGRAM ENACTED BY CONGRESS IN
2014 TO ALLOW INDIVIDUALS WITH
DISABILITIES TO ESTABLISH TAX
ADVANTAGED SAVINGS ACCOUNTS
WITHOUT ADVERSELY AFFECTING
THEIR ELIGIBILITY FOR OTHER
IMPORTANT PUBLIC BENEFITS.
CERTAIN DISABILITIES, WHICH
MANIFEST DURING CHILDHOOD AND
EARLY ADULTHOOD, OFTEN PREVENT
INDIVIDUALS FROM GENERATING
SUFFICIENT INCOME TO SUPPORT
THEIR MEDICAL CARE AND BASIC
NECESSITIES, AND MANY
INDIVIDUALS LIVING WITH
DISABILITIES RECEIVE MEANS
TESTED PUBLIC BENEFITS LIKE
MEDICAID AND SSI IN ORDER TO
MAINTAIN BASIC NECESSITIES.
PRIOR TO THE ABLE PROGRAM.
INDIVIDUALS RECEIVING SUCH
BENEFITS COULD NOT SAVE MORE
THAN $2,000 WITHOUT FEAR OF A
POSSIBLE LOSS OF ELIGIBILITY FOR
OTHER ESSENTIAL PROGRAMS.
CALIFORNIA'S IMPLEMENTATION OF
THE FEDERAL ACT ALLOWS
INDIVIDUALS AND FAMILIES TO
BUILD FINANCIAL SECURITY WITHOUT
IMPEDING THEIR ACCESS TO THOSE
BENEFITS. UNLIKE SO MANY OTHER
PROGRAMS THAT ARE EITHER
OVERSUBSCRIBED OR STRAPPED FOR
FUNDS, THE CAL ABLE PROGRAM IS
CURRENTLY UNDERUTILIZED AND
WITHOUT LEGISLATIVE ACTION,
MILLIONS OF ELIGIBLE
CALIFORNIANS WILL MISS OUT ON
THE OPPORTUNITY TO SAVE AND
INVEST IN THEIR FINANCIAL
FUTURE. CALIFORNIA IS ONE OF 47
STATES THAT HAS AN ABLE PROGRAM,
BUT LESS THAN 1% OF THE STATE'S
ELIGIBLE DISABLED POPULATION IS
CURRENTLY UTILIZING THIS PROGRAM
TO INVEST FOR THEIR FUTURES. SB
1362 WILL ENCOURAGE ELIGIBLE
CALIFORNIANS WITH QUALIFYING
DISABILITIES TO SET UP THE
SAVINGS ACCOUNT TO WHICH THEY
ARE ENTITLED, BY REQUIRING THE
CAL ABLE PROGRAM TO MAKE A ONE
TIME DEPOSIT OF AT LEAST $250,
EITHER THROUGH A FUTURE
APPROPRIATION OR VIA FUNDS
RAISED FROM PRIVATE DONORS OR
OTHER ENTITIES, BY BETTER
ENSURING THE FINANCIAL
WELL-BEING OF INDIVIDUALS WITH
DISABILITIES, WE CAN CREATE A
MORE INCLUSIVE AND A MORE
PROSPEROUS CALIFORNIA HERE TO
TESTIFY IN SUPPORT OF SB 1362 IS
STEPHANIE THOM, DEPUTY TREASURER
AT THE STATE TREASURER'S OFFICE,
AND THOMAS MARTIN, EXECUTIVE
DIRECTOR OF THE CAL ABLE PROGRAM
FOR CALIFORNIA. THANK YOU. I
RESPECTFULLY ASK FOR YOUR VOTE
TODAY. THANK YOU SO MUCH. WE'LL
HEAR FROM EACH OF THE WITNESSES
FOR TWO MINUTES EACH. AND PLEASE
JUST STATE YOUR NAME AND YOUR
ORGANIZATION WHEN YOU BEGIN.
THANK YOU. GOOD EVENING.
STEPHANIE THOM, DEPUTY TREASURER
. AND I'M PROUD TO REPRESENT THE
CALIFORNIA STATE TREASURER'S
OFFICE OF FIONA MÀ. WE ARE HERE
AND RESPONSIBLE FOR REPRESENTING
FIONA, OF COURSE, AS A SPONSOR
OF SB 1362, IN 2018, CALIFORNIA
LAUNCHED ITS ABLE PROGRAM AND
THE PROGRAM TO THIS DATE HAS
APPROXIMATELY 10,000 FUNDED CAL
ABLE ACCOUNTS WITH APPROXIMATELY
TWO 127 MILLION ASSETS UNDER
MANAGEMENT. WHILE THIS IS A
GREAT ACCOMPLISHMENT, WE DO
RECOGNIZE THAT THIS MEANS THAT
LESS THAN 1% OF THE STATE'S
ELIGIBLE DISABLED POPULATION IS
SAVING AND INVESTING THEIR
FUTURE IN CAL ABLE. SB 1362 WILL
FACILITATE THE FINANCIAL
EMPOWERMENT OF ELIGIBLE
CALIFORNIANS WITH DISABILITIES.
WITH THE SEED FUNDING OF AT
LEAST $250 PER EACH NEW ACCOUNT.
BY WAY OF EXAMPLE, IN 2021, THE
STATE OF NEVADA LAUNCHED A $5
MILLION SEED FUNDING CAMPAIGN.
PRIOR TO THIS CAMPAIGN, TÍNH,
THE PROGRAM HAD APPROXIMATELY
100 PARTICIPANTS, AND BY THE END
OF THIS CAMPAIGN, IT HAD 1200
PARTICIPANTS. IF SEED FUNDING
WAS ADOPTED AND APPROPRIATED BY
CALIFORNIA, IT WOULD POTENTIALLY
INCREASE THIS PROGRAM. THE CAL
ABLE PROGRAM, BY 250. THIS WOULD
PROVIDE RESOURCES FOR MILLIONS
OF CALIFORNIANS, INCLUDING MANY
DISABLED VETERANS. SEED FUNDING
HAS BEEN UTILIZED AS AN
INCENTIVIZING TOOL FOR OTHER
SAVINGS PROGRAMS IN CALIFORNIA,
WITH UP TO $1,500 ELIGIBLE FOR
CHILDREN IN THE CAL KIDS PROGRAM
. WE WANT TO PROVIDE THE SAME
FINANCIAL OPPORTUNITY TO
CALIFORNIANS WITH DISABILITIES,
OUR MOST VULNERABLE
CONSTITUENTS. THE TREASURER IS
PROUD TO SPONSOR SB 1362 AND
RESPECTFULLY REQUEST YOUR AYE
VOTE. THANK YOU. THANK YOU SO
MUCH. PROCEED WITH READY. OKAY,
GOOD AFTERNOON, COMMITTEE
MEMBERS, THANK YOU FOR THIS
HEARING. AND THANK YOU FOR
CONTINUED SUPPORT FOR THE
DISABLED COMMUNITY. MY NAME IS
THOMAS MARTIN. I'M THE NEWLY
APPOINTED EXECUTIVE DIRECTOR FOR
CAL ABLE. I'VE BEEN ON THE JOB
FOR 13 DAYS, BUT WHO'S COUNTING,
SO CAL. CAL REPRESENTS A LIFE
CHANGING OPPORTUNITY FOR
DISABLED CALIFORNIANS. MORE THAN
HALF OF CAL ABLE ACCOUNT HOLDERS
REPORT AN INCOME OF $25,000 OR
LESS. MANY ARE USING THEIR CAL
ACCOUNTS TO SAVE MONEY IN THEIR
OWN NAME. FOR THE FIRST TIME.
MANY ARE USING CAL ABLE AS THEIR
VERY FIRST BANK ACCOUNT EVER,
AND NEARLY, NEARLY ALL OF THEM
ARE USING. CAL WAS THEIR FIRST
FIRST ENTRY INTO INVESTING AND
GROWING MONEY, THIS IS A DIRECT
RESULT OF THE PROGRAM'S ABILITY
TO SUPPORT INDEPENDENCE AND
SELF-ADVOCACY AMONG DISABLED
CALIFORNIANS. FOR DECADES,
RECIPIENTS OF STATE AND FEDERAL
BENEFITS LIKE SSI, HOUSING
ASSISTANCE, AND MEDI-CAL HAVE
BEEN TOLD NEVER TO SAVE MONEY IN
THEIR OWN NAMES OR ACCUMULATE
MORE THAN $2,000 IN SAVINGS. OR,
AS SENATOR NEWMAN STATED, OR
THEY WOULD RISK LOSING THEIR
SERVICES, LOSING THEIR BENEFITS
FROM THE GOVERNMENT. CAL ABLE
ALLOWS ACCOUNT HOLDERS TO THRIVE
TO SAVE MONEY, AND IT GRANTS
THEM THE OPPORTUNITY TO BE
FINANCIALLY SECURE AND
FINANCIALLY INDEPENDENT. THE
IMPACT OF CAL ABLE DOESN'T JUST
EXTEND TO THOSE WHO ARE ON
GOVERNMENT BENEFITS, EITHER.
FAMILIES WHO SUPPORT A RELATIVE
WITH A DISABILITY HAVE GREATER
COSTS THAN OTHER HOUSEHOLDS, AS
MUCH AS 28% MORE. SO CAL ABLE
HELPS HELPS FAMILIES LEVEL THE
PLAYING FIELD BY GIVING THEM A
TAX ADVANTAGE INCENTIVE TO SAVE
AND INVEST. PARENTS OF THOSE
WITH SEVERE DEVELOPMENTAL OR
INTELLECTUAL DISABILITIES CAN
NOW SET ASIDE MONEY FOR THEIR
CHILDREN'S POTENTIAL. LIFELONG
FINANCIAL NEEDS. WORKING,
WORKING INDIVIDUALS WITH
DISABILITIES CAN ALSO SAVE AND
GROW THEIR OWN MONEY AND THEY
CAN ACCESS ACCESS IT AT ANY TIME
FOR QUALIFIED EXPENSES. TO DATE,
CAL ABLE ACCOUNT HOLDERS HAVE
INFORMED US THEY ARE ABLE TO PAY
THE CLOSING COSTS ON THEIR FIRST
HOME, OR PURCHASE A LARGER
VEHICLE THAT CAN ACCOMMODATE A
WHEELCHAIR. OTHERS ARE LIVING ON
THEIR OWN FOR THE VERY FIRST
TIME. NONE OF THIS WOULD HAVE
BEEN POSSIBLE WITHOUT AN WITHIN
WITHOUT A CAL ABLE ACCOUNT.
WE'RE HERE TODAY TO HELP SUPPORT
CALIFORNIANS WITH DISABILITIES,
CREATE SAVING, CREATE MORE
SAVING AND FINANCIAL SECURITY
OPPORTUNITIES. HIS SB 1362 WILL
GIVE CALL ABLE EVEN MORE
EQUITABLE, EVEN MORE, EQUITABLE
APPROACH TO SUPPORTING DISABLED
CALIFORNIANS BY ALLOWING FOR
POTENTIAL ACCOUNT HOLDERS WITH
LIMITED SAVINGS TO OPEN UP THEIR
FIRST ACCOUNTS. YOU HAVE, YOU
JUST FINISH UP YOUR THOUGHT.
SURE THIS BILL WOULD HELP LOWER
THE BARRIER OF ENTRY. AND IT'S
AN IMPORTANT STEP TOWARDS
GREATER INDEPENDENCE OF
FINANCIAL SECURITY FOR DISABLED
CALIFORNIANS. SO WITH THAT,
HAPPY TO ANSWER ANY QUESTIONS
YOU HAVE AND I APPRECIATE YOUR
SUPPORT. THANK YOU SO MUCH.
WE'LL OPEN IT UP TO MEMBERS OF
THE PUBLIC WHO WISH TO EXPRESS
THEIR SUPPORT FOR SENATE BILL 13
1662. YEAH. KEVIN ESTÁN
COALITION, CALIFORNIA WELFARE
RIGHTS ORGANIZATION STRONG
SUPPORT. THANK YOU. THANK YOU.
KELLY BROOKS, ON BEHALF OF THE
CALIFORNIA COMMUNITY LIVING
NETWORK HERE IN SUPPORT. THANK
YOU. OKAY. DO WE HAVE ANY
WITNESSES IN OPPOSITION ON THIS
BILL? PLEASE COME FORWARD. OKAY.
SEEING NONE, WE'LL ALSO GIVE THE
ABILITY TO THE PUBLIC TO EXPRESS
THEIR OPPOSITION. PLEASE COME
FORWARD TO THE MIC. WAS THAT YOU
GETTING UP, SENATOR WAHAB? ALL
RIGHT, ALL RIGHT. YEAH I SAW
HER, I SAW HER, OKAY. VERY GOOD.
WE WILL BRING THE DISCUSSION
BACK TO THE COMMITTEE. SENATOR
BREAKSPEARE, I KNOW THAT WE'RE
NOT A FISCAL COMMITTEE, BUT DO
WE HAVE AN ESTIMATE OF COST AT
$250 PER PERSON? MISS TOM CAN
SPEAK TO THAT, BUT THIS IS
SUBJECT TO AN APPROPRIATION,
CORRECT? RIGHT. BUT IF IT WAS
FUNDED AT THE NUMBER OF PEOPLE
WHO QUALIFY, APPROXIMATELY $6
MILLION. 6 MILLION. OKAY.
BECAUSE I NOTICED IN THE
COMMITTEE CONSULTANT REPORT THAT
THEY SEEDED IT WITH $25. AND
THIS BILL DOES $250. THAT'S
CORRECT. OKAY. OKAY THANK YOU.
ALL RIGHT. ANY OTHER QUESTIONS
OR CONCERNS? SENATOR CHOBOQ, I
JUST APPRECIATE, ANY EFFORT BY
THE LEGISLATURE TO INCENTIVIZE
THE SAVINGS COMPONENT IN
CALIFORNIANS. AS WE KNOW, THE
LAST STUDY THAT CAME OUT,
NATIONWIDE IS WE ONLY HAD, YOU
KNOW, THE AVERAGE CALIFORNIAN
BARELY HAD PROBABLY $500, TO
THEIR NAME. AS FAR AS SAVINGS
GO. SO ANYTHING THAT WOULD
INCENTIVIZE FINANCIAL LITERACY,
THAT WOULD INCENTIVIZE, NOT
INCENTIVIZE FINANCIAL, BUT
ACTUALLY ENCOURAGE FINANCIAL
LITERACY AND INCENTIVIZE,
SAVINGS. I'M IN FULL SUPPORT,
AND ESPECIALLY WHEN IT COMES TO
SUCH A VULNERABLE POPULATION AS
OUR COMMUNITIES WITH
DISABILITIES. SO I'M GRATEFUL TO
, THE AUTHOR FOR BRINGING THIS
MEASURE FORWARD. I'M GRATEFUL
FOR FOLKS COMING AND SPEAKING
TODAY, AND I WILL BE HAPPY TO
SUPPORT THE BILL AND MOVE IT
WHEN THE TIME IS APPROPRIATE.
THANK YOU. ALL RIGHT. THANK YOU.
WOULD YOU LIKE TO CLOSE, SENATOR
NEWMAN? THANK YOU. THANK YOU,
COMMITTEE MEMBERS. SO I WANT TO
GIVE APPROPRIATE CREDIT TO OUR
TREASURER, FIONA MA, FOR HER
LEADERSHIP IN THIS SPACE. WHAT
YOU'RE YOU KNOW, WHAT WE'RE
CONSIDERING TODAY IS, IS
IMPORTANT. THERE ARE SO MANY
CASES WHERE WE FIND WITH
VETERANS, WITH THE DISABLED,
WHERE THEY GET INTO A CATCH 22,
WHERE ACCESS TO RESOURCES
ACTUALLY PUTS THEM IN A POSITION
WHERE THEY CAN'T THEN ACCESS
SERVICES. SO THIS IS AN
ITERATION OF THE 529, WHICH WE,
MANY OF US USE TO SAVE FOR OUR
KIDS COLLEGE. BUT FOR AN
AUDIENCE THAT HAS TOO OFTEN BEEN
LEFT OUT. AND THIS SUBJECT TO AN
APPROPRIATION WILL MAKE A HUGE
DIFFERENCE IN THEIR LIVES AND
LET THEM SAVE FOR THE FIRST TIME
FOR THEIR RETIREMENT. AND I'M
GLAD TO HAVE THE SUPPORT OF THE
WITNESS. MR. MARTIN, WELCOME.
YOU'RE DOING A FINE JOB. 13 DAYS
IN, BUT ASKING RESPECTFULLY FOR
YOUR SUPPORT TODAY. THANK YOU SO
MUCH, SENATOR. SO WE HAVE,
SENATE BILL 14 OR 1362 DO PASS,
ASSISTANT, PLEASE CALL THE ROLL.
OH, I'M SORRY, WE DID NEED A
MOTION. OH, WE MOTION FROM
SENATOR CHOBOQ FILE ITEM SEVEN,
SB 1362 Dð PASS TO REVENUE AND
TAXATION COMMITTEE. ALVARADO GIL
A ALVARADO GIL, A OCHOA BOGH A
AQUEBOGUE AYE. BLAKE SPEER, A
BLAKE. SPEER, AYE. HURTADO.
HURTADO AYE. MENGIBAR. MENGIBAR.
AYE. THE VOTE IS FIVE AYES. THAT
BILL IS OUT. CONGRATULATIONS
THANK YOU. MEMBERS GAVE YOU AN
EASY ONE? YES. AWESOME. ENJOY
YOUR DINNER PARTY TONIGHT, TOO.
YES. ALL RIGHT, ALL RIGHT.
HELLO, SENATOR WAHAB, ITEM
NUMBER SIX, SENATE BILL 1352. WE
WILL HEAR YOU WHEN YOU ARE
READY. AND DO YOU HAVE ANY
WITNESSES WITH YOU TODAY? I DO.
WONDERFUL. WE'LL ASK THEM TO
COME FORWARD AND TAKE THEIR SEAT
AT THE TABLE. THAT WAY, WHEN YOU
ARE READY TO REFER TO THEM, THEY
WILL BE READY TO GO. THANK YOU.
GREAT. GO AHEAD AND PROCEED WHEN
YOU'RE READY. THANK YOU, I OFTEN
SAY THIS WHEN MENGIBAR IS PART
OF THE COMMITTEE, THAT THIS IS
GOING TO BE THE BEST BILL. YOU
GUYS HERE TODAY, SO, CHAIR,
COLLEAGUES AND MEMBERS OF THE
PUBLIC, I THANK THE COMMITTEE
FOR THEIR AMENDMENTS, AND WE'LL
BE ACCEPTING THEM. SB 1352
ENSURES INDEPENDENT LIVING
RESIDENTS OF CONTINUING CARE
RETIREMENT COMMUNITIES, ALSO
KNOWN AS CSCS, ARE MADE AWARE OF
THEIR CIVIL RIGHTS UNDER THE LAW
WHEN THEY SIGN CONTRACTS TO LIVE
THERE. WHEN INDEPENDENT LIVING
RESIDENTS SIGN THEIR CONTRACTS,
THE EXTENT OF THEIR RIGHTS ARE
NOT DISCLOSED TO THEM. MANY
RESIDENTS THEN REMAIN UNAWARE OF
THEIR RIGHTS AND FEEL UNCERTAIN
ABOUT ASSERTING THEIR RIGHTS.
CCR CS OR LICENSED AS
RESIDENTIAL CARE FACILITIES FOR
THE ELDERLY, ALSO KNOWN AS RC
FEES. THE COMMITTEE AMENDMENTS
CLARIFY THAT RESIDENTS OF CCRC
HAVE RIGHTS UNDER BOTH THE CCRC
BILL OF RIGHTS AND THE RCF BILL
OF RIGHTS. THE FACT THAT WE HAVE
THIS CLEARLY SHOWS THAT THERE IS
A NEED FOR EDUCATION TO THE
INDIVIDUALS THAT LIVE THERE.
EXISTING LAW REQUIRES RESIDENTS
RECEIVE A COPY OF THE CCRC BILL
OF RIGHTS UPON SIGNING THEIR
CONTRACT. THE AMENDMENTS STATE
RESIDENTS MUST ALSO RECEIVE A
COPY OF THE RCF BILL OF RIGHTS.
I WOULD LIKE TO INTRODUCE MY
FIRST WITNESS, TONY CHICOTEL, A
SENIOR STAFF ATTORNEY.
CALIFORNIA ADVOCATES FOR NURSING
HOME REFORM, OR CANR, AND ALSO
MARGARET GRIFFIN, PRESIDENT,
CALIFORNIA CONTINUING CARE
RESIDENTS ASSOCIATION, WITH THE
CHAIR'S PERMISSION. VERY GOOD.
THANK YOU SO MUCH, YOU'LL EACH
HAVE TWO MINUTES TO PRESENT, AND
PLEASE SAY YOUR NAME AND YOUR
ORGANIZATION THAT YOU REPRESENT.
PROCEED WHEN READY. THANK YOU.
GOOD EVENING. MY NAME IS TONY
CHICOTEL. AS MENTIONED, I'M THE
SENIOR STAFF ATTORNEY FOR
CALIFORNIA ADVOCATES FOR NURSING
HOME REFORM, THANK YOU TO THE
COMMITTEE FOR THE OPPORTUNITY TO
SPEAK ON BEHALF OF 1352 TODAY,
AS SENATOR WAHAB SAID, CCRC
RESIDENTS DO HAVE A LIST OF
RIGHTS. SOME OF THEM, SOME OF
THE MORE PROMINENT ONES ARE
LISTED IN THE ANALYSIS. I THINK
THERE WERE TEN RIGHTS LISTED
ALTOGETHER. CCR ERCS ARE ALSO
LICENSED AS CDFIS, AND THAT'S A
LITTLE UNUSUAL, A LOT OF
RESIDENTS THAT MOVE INTO CRCS
ARE UNAWARE OF THAT FACT. AND I
THINK EVEN SOME OF THE PROVIDERS
OF CCRC SERVICES ARE UNAWARE OF
THAT FACT, BUT IT IS TRUE. AND
SO THE ENTIRE CONTINUUM OF CARE
THAT'S PROVIDED IN THAT FACILITY
HAS TO COMPLY WITH THE RCF
REGULATIONS, AND THEY MUST ALSO
ABIDE BY THOSE RCF RESIDENT
RIGHTS, WHICH ARE VERY ROBUST
AND INCLUDE 30 DIFFERENT RIGHTS.
SO THERE'S A LOT OF OVERLAP
BETWEEN SOME OF THE CCRC RIGHTS
AND RCF RIGHTS. BUT THERE'S SOME
IMPORTANT DIFFERENCES THAT I
THINK A LOT OF CONSUMERS OF CRCS
WOULD LIKE TO KNOW ABOUT AND
DON'T. SO THIS BILL WOULD MAKE
IT, I THINK, MUCH MORE,
ACCESSIBLE, THOSE RIGHTS MUCH
MORE ACCESSIBLE TO THE RESIDENTS
OF CRCS AND GIVE THEM A CHANCE
TO, TO BE BETTER INFORMED OF
WHAT THEIR RIGHTS ARE AND TO AND
TO EXPECT MORE COMPLIANCE WITH
THOSE RIGHTS. SO URGE YOUR
SUPPORT FOR THIS BILL. THANK YOU
VERY MUCH. THANK YOU. GOOD
AFTERNOON, MADAM CHAIR, AND
MEMBERS OF THE COMMITTEE. MY
NAME IS MARGARET GRIFFIN. I'M
PRESIDENT OF THE CALIFORNIA
CONTINUING CARE RESIDENTS
ASSOCIATION, OR KALKARA, WE'VE
ALL HEARD THAT OUR FACILITIES
ARE INCLUDED IN THE RCF REGS,
MOST OF THOSE, MOST OF THAT
STATUTE DOES APPLY TO US. BUT
THERE ARE ISSUES. WITH
PARTICULARLY DISCRIMINATION,
THAT IS NOT INCLUDED IN THE
CCRC. CURRENT BILL OF RIGHTS, I
WAS TOLD OF ONE INCIDENT WHERE A
GAY COUPLE WAS REQUESTED TO TONE
IT DOWN A LITTLE BIT BECAUSE
MANAGEMENT WAS CONCERNED THAT
THEIR FACILITY WOULD BE KNOWN AS
A GAY CCRC. STIPULATING THE
ANTI-DISCRIMINATION PROVISIONS
PROVIDED IN SB 1352, AS AMENDED,
AND THAT THEY WILL BE UPHELD, IS
IMPORTANT. THE PROVISIONS WILL
SERVE TO INFORM AND GUIDE
MANAGEMENT AND TO INFORM,
REASSURE AND EMPOWER RESIDENTS.
THESE RIGHTS NEED TO BE INCLUDED
IN OUR SECTION OF THE CODE SO
THAT THEY CAN BE DISTRIBUTED TO
RESIDENTS AS REQUIRED. SO I URGE
YOUR AYE VOTE AND THANK YOU.
YES, THANK YOU SO MUCH. ALL
RIGHT. NOW OPEN IT UP TO MEMBERS
OF THE PUBLIC WISHING TO EXPRESS
THEIR SUPPORT. PLEASE COME
FORWARD WITH YOUR NAME,
ORGANIZATION AND YOUR POSITION,
PLEASE. HI DARBY KERNAN WITH
LEADINGAGE, CALIFORNIA. WE WERE
LISTED AS OPPOSITION, BUT WITH
THE, THANK YOU FOR THE COMMITTEE
WORKING ON THE AMENDMENTS AND
FOR THE SENATOR ACCEPTING THOSE.
WE'VE REMOVED OUR OPPOSITION.
THANK YOU. THANK YOU. KEVIN
ESTÁN COALITION, CALIFORNIA
WELFARE RIGHTS ORGANIZATION.
STRONG SUPPORT. THANK YOU. THANK
YOU, PETER KELLISON, ON BEHALF
OF THE CALIFORNIA ASSISTED
LIVING ASSOCIATION. LIKE LEADING
AGE CALIFORNIA, WE WERE OPPOSED
TO THE VERSION AS INTRODUCED DUE
TO SOME WORDING. WITH THE
ACCEPTANCE OF THE COMMITTEE
AMENDMENTS, WE'RE REMOVING THEIR
OPPOSITION AND SUPPORTING THE
BILL. THANK YOU. AND, GREAT
WORK, SENATOR WRIGHT, ANY
OPPOSITION IN THE ROOM THAT
WOULD LIKE TO, BE HEARD TODAY?
OKAY. MEMBERS OF THE PUBLIC
WISHING TO EXPRESS THEIR
OPPOSITION. OKAY. HEARING AND
SEEING NONE, WE WILL MOVE BACK
TO THE COMMITTEE. QUESTIONS OR
CONCERNS FROM COMMITTEE. I'LL
MOVE THE BILL. MOVE THE BILL.
OKAY. WE HAVE A MOTION. WOULD
YOU LIKE TO CLOSE? I
RESPECTFULLY ASK FOR AN AYE
VOTE. ALL RIGHT. SHORT AND
SWEET. WE LIKE THAT. ALL RIGHT.
WE HAVE A MOTION FROM SENATOR
BLAKE SPEAR, THIS IS, FILE ITEM
SIX. SENATE BILL 11 ARE SB 1352.
THE MOTION IS Dð PASS, AS
AMENDED TO JUDICIARY COMMITTEE.
ALVARADO. GIL. AYE. ALVARADO.
GILL. AYE. OCHOA. BOGH AYE.
OKOBOJI. LAKE. SPEAR. BLAKE.
SPEAR AYE. HURTADO HURTADO. AYE.
MENGIBAR SHE'S AN AYE. TWO. THAT
ONE ON CALL. CAN I SEE THE VOTE,
THE VOTE IS FOUR ZERO. WE WILL
HOLD THAT BILL. GO ON. CALL. ALL
RIGHT. THANK YOU, SENATOR WAHAB.
DO WE HAVE ANY OTHER AUTHORS IN
THE ROOM? WE DO. SEE, SENATOR
ALLEN. MARGARET. THANK YOU TOO
MUCH. THANK YOU TO THE
WITNESSES. YES. THANK YOU SO
MUCH. ALL RIGHT, SENATOR ALLEN,
WE'RE GOING TO MOVE FORWARD WITH
ITEM NUMBER EIGHT, SENATE BILL
1406. I SEE YOU HAVE YOUR
WITNESS. HELLO ALL RIGHT. OF
COURSE, OF COURSE. WE'LL HAVE
YOU PROCEED WHEN YOU'RE READY.
ALL RIGHT. WELL, THANK YOU,
MADAM CHAIR. MEMBERS, I FIRST
WANT TO JUST THANK THE
COMMITTEE, AND I WANT TO, THANK
THE CHAIR FOR CONSIDERATION AND
FEEDBACK. I KNOW WE'VE HAD SOME
GOOD WORK, I ALSO WANT TO THANK
THE CALIFORNIA ASSISTED LIVING
ASSOCIATION AND ASSOCIATED
GROUPS WITH FOR THEIR ENGAGEMENT
WITH US ON THE BILL, WE HAVEN'T
REACHED A FULL AGREEMENT YET,
BUT I, I'M FEELING GOOD ABOUT
OUR CONVERSATIONS. AND WE'RE
COMMITTED TO WORKING TOGETHER
WITH EVERYONE. SHOULD THIS BILL
MOVE FORWARD TODAY. SO, WE KNOW
THAT SENIORS ARE THE FASTEST
GROWING POPULATION OF, FOLKS
EXPERIENCING HOMELESSNESS. SADLY
AND BETWEEN 2017 AND 2021, OUR
SENIOR POPULATION ONLY GREW BY
7. BUT THE NUMBER OF PEOPLE 55
AND OVER WHO SOUGHT HOMELESSNESS
SERVICES INCREASED BY 84, SO
SADLY, SOME OF THE BEST
ESTIMATES SUGGEST THAT BY 2030,
THE NUMBER OF SENIORS
EXPERIENCING HOMELESSNESS IS
EXPECTED TO TRIPLE. SO AMIDST
THIS CRISIS, ASSISTED LIVING
FACILITIES, ALSO KNOWN AS
RESIDENTIAL CARE FACILITIES FOR
THE ELDERLY, ARE CDFIS HAVE BEEN
RAISING THE RATES THAT THEY
CHARGE, RESIDENTS LIKE NEVER
BEFORE. MEANWHILE, INVESTORS AND
REGIONAL COMPANIES AND
INTERNATIONAL REAL ESTATE
TRUSTS, HAVE JUMPED INTO THE MIX
, WE HAVE AN INDUSTRY SURVEY
THAT CAME OUT THAT SHOWS THAT
HALF OF THE OPERATORS IN THE
BUSINESS OF ASSISTED LIVING EARN
RETURNS OF 20% OR MORE ABOVE THE
COST OF RUNNING THE FACILITY.
AND, YOU KNOW, THOSE OLDER FOLKS
WHO CAN ACTUALLY AFFORD AN
ASSISTED LIVING FACILITY OFTEN
FIND THEIR LIFE SAVINGS RAPIDLY
DRAINED, AND UNLIKE MOST
RESIDENTS OF NURSING HOMES,
WHERE CARE IS GENERALLY PAID FOR
BY MEDICAID, ASSISTED LIVING
RESIDENTS OR THEIR FAMILIES
USUALLY SHOULDER THE FULL COST.
AND, YOU KNOW, IN THESE
FACILITIES, SOME OF THE, YOU
KNOW, THE BASE COSTS ARE OFTEN
RIVALED OR EXCEEDED BY CHARGES
FOR SERVICES. AND SO DESPITE THE
REQUIREMENTS THAT ARE OUT THERE,
THAT ALL OF THESE FEES INCLUDE
COMPREHENSIVE SUPERVISION AND
OBSERVATION, 1 TO 1 CARE AS A
BASIC SERVICE IS A COMMON ADD ON
IMPOSED ON RESIDENTS, AND THAT
CAN OFTEN COST TENS OF THOUSANDS
OF DOLLARS MORE PER MONTH. AND
THERE'S NO PROCESS TO DISPUTE
THESE ADD ON CHARGES, AND NO
REQUIREMENT THAT THESE SERVICES
BE REVIEWED AS BY A PRIMARY CARE
PROVIDER. MOST SENIORS ARE ON
FIXED INCOMES. THEIR THE RATES
HAVE SOARED WELL ABOVE THE RATE
OF INFLATION. EVEN THOUGH
INFLATION HAS BEEN INCREDIBLY
HIGH, OR THE SOCIAL SECURITY
COST OF LIVING ADJUSTMENT. SO
THIS BILL IS SEEKS TO GIVE
ASSISTED LIVING RESIDENTS AND
THEIR FAMILIES GREATER AUTONOMY
OVER THEIR CARE AND HELP TO
AVOID UNDUE FINANCIAL BURDENS BY
DOING THREE KEY THINGS. MEMBERS,
FIRST OF ALL, REQUIRE FACILITIES
TO PROVIDE A DETAILED
JUSTIFICATION FOR ANY RATE
INCREASE WHILE CAPPING ANNUAL
INCREASES AT 5% PLUS THE
PERCENTAGE CHANGE IN THE COST OF
LIVING INDEX, PLUS ONE HALF OF
THE PERCENTAGE CHANGE IN THE
ANNUAL MEDIAN AGE, SO WE PROVIDE
SOME FLEXIBILITY, BUT WE'RE
BASICALLY TRYING TO SAY, YOU
KNOW, THERE'S GOT TO BE SOME
LIMIT TO THESE INCREASES THAT
KEEP GETTING SLAPPED ON FOLKS,
EXTENDING THE NOTICE PERIOD FOR
RATE INCREASES FROM 60 TO 90
DAYS TO GIVE SENIORS AND THEIR
FAMILIES THE NECESSARY TIME TO
DETERMINE WHETHER THEY CAN
AFFORD THE HIGHER RATES OR IF
THEY SHOULD APPEAL THE RATE
CHANGE, OR FIND AN ALTERNATIVE
STRATEGY OR SETTING THAT WILL
WORK, BETTER FOR THEM, LASTLY,
THE BILL ENSURES THAT RESIDENTS
HAVE THE RIGHT TO REQUEST,
REFUSE OR DISCONTINUE A SERVICE.
THAT'S AN IMPORTANT THING. I
KNOW THAT SOME CONCERNS HAVE
BEEN RAISED REGARDING A
PROVISION IN THE BILL RELATED TO
A REFUSAL OR DISCONTINUATION OF
SERVICES THAT WOULD CONSTITUTE
GROUNDS FOR EVICTION. LET ME LET
ME JUST ASSURE EVERYONE THAT
THAT'S NOT OUR INTENTION, WE
CERTAINLY DON'T WANT TO CREATE A
NEW CONDITION, FOR GROUNDS OF
EVICTION. THAT WOULD BE COUNTER
TO THE INTENTION OF THE BILL,
AND WE'VE BEEN WORKING WITH THE
FOLKS WHO RAISED THAT CONCERN TO
MAKE SURE WE GET THAT ADDRESSED.
SO WITHIN THE CODE OF
REGULATIONS, GOOD CAUSE FOR
EVICTION ALREADY EXISTS. IF A IF
A RESIDENT IS ENGAGING IN
BEHAVIOR WHICH IS A THREAT TO
THE MENTAL AND OR PHYSICAL
HEALTH OR SAFETY OF THE RESIDENT
OR OTHERS IN THE FACILITY. AND
MY OFFICE HAS DISCUSSED THIS
WITH THE STATE LONG TUM CARE
OMBUDSMAN, AND WE CONTINUE TO
BELIEVE THAT THIS IS MERELY A
NARROWED RESTATEMENT OF EXISTING
LAW, INTENDED TO CREATE CLARITY
AND PRESERVE HEALTH AND SAFETY
PROTECTIONS OF RESIDENTS. BUT
CERTAINLY, SHOULD THE BILL MOVE
OUT OF COMMITTEE TODAY, I'M I'M
VERY INTERESTED IN WORKING WITH
THE COMMITTEE AND THE OMBUDSMAN
TO, YOU KNOW, TAKE WHATEVER
REVISIONS OF THE LANGUAGE MIGHT
BE NECESSARY TO ENSURE THAT WE
MAINTAIN PROTECTIONS FOR
ASSISTED LIVING RESIDENTS. WE
WANT TO MAKE SURE THEY CAN. THEY
CAN, YOU KNOW, DISCONTINUE
SERVICE OR LEAVE IF THEY IF THEY
WANT TO, BUT NOT THAT, WE'RE NOT
LOOKING FOR, YOU KNOW, FOR, FOR
MORE OPPORTUNITIES TO EVICT
PEOPLE. SO, IN THAT SPIRIT, I
CAN ASK FOR AN AYE VOTE, BUT WE
HAVE, YOU KNOW, TONY CHICOTEL,
WHO'S HERE FROM THE CALIFORNIA
ADVOCATES FOR NURSING HOME
REFORM. OKAY, WONDERFUL. WE'LL
PROCEED TO THE WITNESS AND
SUPPORT. PLEASE STATE YOUR NAME
ORGANIZATION, AND YOU HAVE TWO
MINUTES. THANK YOU. LOCKWOOD.
I'M STILL TONY CHICOTEL, SENIOR
STAFF ATTORNEY, CALIFORNIA
ADVOCATES FOR NURSING HOME
REFORM. REFORM APPRECIATE THE
OPPORTUNITY TO TESTIFY. AND,
THANKS TO THE COMMITTEE STAFF
FOR THEIR REALLY GREAT ANALYSIS
ON THIS BILL. REALLY APPRECIATED
THAT, SENATOR ALLEN SAID IT
WONDERFULLY, SUMMARIZING THE
NEED FOR THE BILL AND HOW THE
BILL ADDRESSES THE CONCERNS OF
THE PEOPLE WHO CALL CAN I'LL
JUST GIVE YOU AN IDEA OF WHAT
WHAT WE SEE AND HEAR ABOUT
DAILY. WE'VE BEEN DOING KENDRA'S
BEEN AROUND FOR 41 YEARS NOW,
WE'RE VERY NETWORKED INTO THE
LONG TUM CARE WORLD. WE HAVE A
WEBSITE THAT HAS A LOT OF
INFORMATION ON IT. SO WE GET
DOZENS OF CALLS A DAY FROM LONG
TUM CARE RESIDENTS OR THE PEOPLE
WHO CARE AND SUPPORT LONG TUM
CARE RESIDENTS. AND OVER THE
LAST YEAR AND A HALF OR SO,
WE'VE GOTTEN CALLS AND EMAILS
AND CONCERNS ABOUT ASSISTED
LIVING RATE INCREASES LIKE WE'VE
NEVER RECEIVED BEFORE. I THINK
WHAT MIGHT BE GOING ON, WHAT I
SPECULATE IS THAT A LOT OF THE
RATE INCREASES WERE DEFERRED IN
2020 AND 2021, WHEN LONG TUM
CARE FACILITIES WERE HAVING A
REALLY ROUGH GO. AND SO THE RATE
INCREASES THAT HAVE OCCURRED THE
LAST YEAR OR TWO HAVE BEEN
REALLY COMPOUNDED AND HAVE HIT
HARD ON RESIDENTS. AND A LOT OF
RESIDENTS CANNOT MEET THE RATE
INCREASES AND HAVE VERY LITTLE
ROOM FOR NEGOTIATION. SO, AS
SENATOR ALLEN MENTIONED, THERE
ARE REALLY TWO WAYS THAT RATE
INCREASES HAPPEN. ONE IS A
INFLATIONARY RATE INCREASE
ACROSS THE BOARD THAT ALL
RESIDENTS GET. AND WHAT WE'VE
SEEN IN THE LAST YEAR OR TWO HAS
JUST BEEN UNPRECEDENTED, WHAT
WE'VE THE OTHER WAY YOU RAISE
RATES IS BY ADD ON CHARGES AND,
AND WE'VE BEEN GETTING MANY,
MANY CALLS ABOUT FROM RESIDENTS
WHO DISPUTE THE MERITS OF
ALLEGED INCREASED NEEDS THAT
JUSTIFY THESE RATE INCREASES.
AND THEY'RE VERY CONCERNED THAT
THEY CAN'T REFUSE THEM AND THAT
THEY'RE FACED WITH EITHER PAYING
FOR WHAT THEY DON'T THINK THEY
NEED OR BEING SUBJECT TO AN
EVICTION FOR NONPAYMENT, SO THIS
RIGHT TO REFUSE OFFERED SERVICES
IS SOMETHING THAT EXISTS IN
NURSING HOMES, HAS EXISTED FOR
DECADES IN NURSING HOMES, VERY
UNCONTROVERSIALLY. AND WE
THOUGHT IT WOULD BE A GOOD IDEA
TO CODIFY THAT, TO MAKE CLEAR
THAT RESIDENTS DO HAVE THE RIGHT
TO CONTROL WHAT CARE THEY GET IN
THESE FACILITIES. AND IF THE
FACILITY TRULY THINKS THAT THEY
CAN'T MEET THEIR NEEDS AND KEEP
THEM SAFE FOR THEIR REFUSAL,
THEN THEY ALWAYS HAD THE OPTION
OF EVICTING THEM. SO, PLEASE
VOTE YES FOR SB 1406. THANK YOU,
THANK YOU. I GAVE YOU THAT
TEACHER LOOK RIGHT, TONY, WRAP
IT UP A LITTLE BIT, A LITTLE
BIT. ALL RIGHT. I WILL OPEN UP
TO MEMBERS OF THE PUBLIC WISHING
TO EXPRESS THEIR SUPPORT FOR
THIS BILL. PLEASE COME FORWARD
TO THE MICROPHONE. OKAY. SEEING
NONE, ANY MEMBERS, ANY WITNESSES
IN OPPOSITION OF THE BILL,
PLEASE COME FORWARD TO BE HEARD.
OKAY? OKAY. ARE YOU. OH, YES.
THERE YOU GO. SO YOU HAVE TWO.
OKAY. VERY GOOD. PLEASE HAVE A
SEAT. WELCOME SO YOU EACH HAVE
TWO MINUTES TO PRESENT AND THEN
I JUST ASK THAT YOU STATE YOUR
NAME AND YOUR ORGANIZATION AND
BEGIN WHEN YOU'RE READY OKAY?
OKAY. THANK YOU. THANK YOU FOR
STAYING LATE, MADAM CHAIR AND
MEMBERS, MY NAME IS RICK JENSEN,
AND I'M THE PRESIDENT AND CEO OF
NORTH STAR SENIOR LIVING. WE ARE
A SENIOR LIVING PROVIDER BASED
IN REDDING, CALIFORNIA. WE
CURRENTLY OPERATE ABOUT 18
ASSISTED LIVING BUILDINGS IN
CALIFORNIA AND REPRESENT ABOUT
1500 SENIORS IN CALIFORNIA. I
MEAN, I'M HERE TODAY IN MY ROLE
AS A CALIFORNIA ASSISTED LIVING
ASSOCIATION BOARD MEMBER TO
EXPRESS OUR OPPOSITION TO SB
1406 AND AT THE SAME TIME
ACKNOWLEDGE THE PRODUCTIVE AND
UNDERSTANDING CONVERSATIONS
WE'VE HAD WITH SENATOR ALLEN'S
OFFICE SINCE THE BILL'S
INTRODUCTION. WE APPRECIATE THE
RECENT AMENDMENTS THAT HAVE BEEN
MADE REGARDING THE RATE INCREASE
FORMULA, AND FEEL LIKE WE'VE
WORKED TOGETHER WELL ON THAT
COMPONENT. THE SECOND MAIN
PORTION OF THIS BILL DEALS WITH
REFUSAL OF SERVICES AND AN
ACTUAL PROHIBITION ON PROVIDING
THE SERVICES, EVEN WHEN A
SERVICE MIGHT BE CRITICALLY
IMPORTANT FOR A RESIDENT. A CORE
FEATURE OF ASSISTED LIVING IS
THE ABILITY TO ALLOW PEOPLE TO
AGE IN PLACE. AND AS PEOPLE AGE
IN PLACE, OFTENTIMES THEIR NEEDS
INCREASE, WHICH IS
UNDERSTANDABLE. THIS MODEL OF
ASSISTED LIVING HAS BEEN BASED
ON THAT AGING IN PLACE
COMPONENT, AND IT'S ONE OF THE
REASONS WHY PEOPLE CHOOSE TO
LIVE IN ASSISTED LIVING IS
BECAUSE THEY CAN STAY AND AGE IN
PLACE. THE HEALTH AND SAFETY
CODE AND TITLE 22 REQUIRE THAT
ASSISTED LIVING COMMUNITIES
MONITOR RESIDENTS NEEDS THAT
THEY CONDUCT RESIDENT CARE
APPRAISALS, REAPPRAISALS AND
REVISE RESIDENT SERVICE PLANS AS
THEIR NEEDS CHANGE AND THEN TO
COMMUNICATE THAT WITH FAMILY
MEMBERS AND THE RESIDENTS,
PHYSICIANS AND SO FORTH, AND
THEN TO ACTUALLY PROVIDE THOSE
SERVICES. THE DEPARTMENT OF
SOCIAL SERVICES HOLDS ASSISTED
LIVING COMMUNITIES ACCOUNTABLE
IF THEY DO NOT MEET THE
STANDARDS. I JUST LISTED, AND IF
THE STANDARDS ARE NOT MET, THEN
THE DEPARTMENT CAN ISSUE
CITATIONS, FINES, FINES AND EVEN
REVOKE LICENSES. THE SECTION OF
THIS BILL DEALING WITH REFUSAL
OF SERVICES AND A PROHIBITION ON
THEN PROVIDING THE SERVICES DOES
NOT SERVE RESIDENTS WELL AND
COULD ACTUALLY LEAVE THEM AT
RISK. WHETHER IT IS FOR A
RESIDENT WHO IS EXPERIENCING A
COGNITIVE DECLINE AND CANNOT
MANAGE THEIR MEDICATIONS
ANYMORE, OR A RESIDENT WHO IS AT
HIGH RISK OF FALLING WHILE
SHOWERING ALONE OR A RESIDENT
WHO NEEDS ONE ON ONE CARE TO
KEEP THEMSELVES SAFE, OR THE
RESIDENTS AROUND THEM SAFE. WE
PROPOSE THAT INVOLVING THE
DEPARTMENT OF SOCIAL SERVICES,
THE LICENSING BODY THAT
UNDERSTANDS THE SCOPE OF
SERVICES IN ASSISTED LIVING,
WOULD BE THE BEST WAY TO RESOLVE
. HAVE RESIDENT OR FAMILY
CONCERNS. AS AN ASSISTED LIVING
PROVIDER, WE WORK HARD TO
DELIVER MEANINGFUL AND QUALITY
CARE AND SERVICES FOR OLDER
ADULTS. WE ARE PROUD OF THE WORK
WE DO. ON BEHALF OF CARLA, WE
THANK THE AUTHOR FOR THE ONGOING
CONVERSATIONS AND OPPORTUNITIES
TO FIND WORKABLE SOLUTIONS.
THANK YOU. THANK YOU SO MUCH.
THANK YOU, MADAM CHAIR AND
MEMBERS. I'M DARBY KERNAN,
REPRESENTING LEADING AGE
CALIFORNIA. THE LEADING AGE
REPRESENTS NONPROFIT PROVIDERS
OF CARE SERVICES AND HOUSING FOR
OLDER ADULTS, INCLUDING OUR
OFFICE. UNFORTUNATELY I'M HERE
TO RESPECTFUL OPPOSITION TO SB
1406. WHILE WE APPRECIATE THE
CONVERSATIONS WITH THE AUTHOR'S
OFFICE AND THE RECENT
AMENDMENTS, WE REMAIN
SIGNIFICANTLY CONCERNED WITH THE
UNINTENDED CONSEQUENCES OF THIS
BILL. OUR CDFIS PROVIDE OLDER
ADULTS WITH THE CARE AND SUPPORT
THEY NEED TO ALLOW THEM AGE IN
PLACE. RIGHTFULLY, MORE AND MORE
ADULTS ARE SEEKING TO LIVE IN
ASSISTED LIVING AND MEMORY CARE
FACILITIES LONGER, MANY OF OUR
MEMBERS ARE MEMBER CDFIS ARE
CHOOSING TO SERVE HIGHER ACUITY
INDIVIDUALS IN ORDER TO
ACCOMPLISH ACCOMPLISH THIS, IT
MEANS HIGHER STAFFING LEVELS AND
WHICH GIVING THE CURRENT
WORKFORCE CRISIS IS COSTLY AND
NOT NECESSARILY COVERED BY THE
WAGE INDEX FORMULA RECENTLY
ADDED INTO THE BILL. WE CAN'T
PREDICT WHAT FURTHER STAFFING
CHALLENGES OR INCREASED COSTS
OUR CDFIS MAY FACE IN THE
FUTURE, AND WE ARE CONCERNED
THAT THIS BILL WILL IMPLEMENT AN
ARBITRARY, ONE SIZE FITS ALL CAP
, ALSO, AS NONPROFITS, WE ARE
REQUIRED TO REINVEST INTO OUR
FACILITIES AND INTO OUR PROGRAMS
. AND SO I THINK THAT AS THE
SENATOR WAS TALKING ABOUT THESE
RATE INCREASES, I, I THINK THAT
THERE IS SOMETHING REALLY
IMPORTANT TO UNDERSTAND ABOUT
WHEN NONPROFITS ARE DOING THIS.
THEY ARE REINVESTING INTO THEIR
FACILITIES, INTO THEIR
COMMUNITIES. LASTLY, WE, IN
ADDITION, HAVE STRONG CONCERNS
WITH THE LANGUAGE THAT ALLOWS
RESIDENTS TO REFUSE SERVICE
WITHOUT PARAMETERS AND
GUIDELINES IN PLACE. AS YOU
HEARD, THERE ARE VERY SPECIFIC
THINGS LIKE SHOWERING. IF YOU
ARE REQUIRED TO NEED ASSISTANCE
AND YOU SAY YOU DON'T WANT THAT,
IT PUTS LIABILITY ONTO THE
FACILITIES AND CREATES A HUGE
CONCERN AS THE STATE'S OLDER
ADULT DEMOGRAPHICS ARE RAPIDLY
SHIFTING. LEADING AGE CALIFORNIA
IS COMMITTED TO ADVOCATING FOR
POLICIES THAT INCREASE THE
STATE'S SUPPLY OF RVS, AND ARE
CONCERNED THAT THIS BILL HINDERS
THAT PROGRESS. AND FOR THOSE
REASONS, WE ARE REMAINING IN
OPPOSITION. THANK YOU SO MUCH,
ANY MEMBERS OF THE PUBLIC
WISHING TO EXPRESS THEIR
OPPOSITION, PLEASE COME FORWARD.
YOUR NAME, ORGANIZATION AND YOUR
POSITION. PLEASE MADAM CHAIR AND
MEMBERS, ROXANNE GOULD,
REPRESENTING SIX BEDS. ORG. IT'S
AN ASSOCIATION OF SMALL
RESIDENTIAL CARE FACILITIES FOR
THE ELDERLY AND DEVELOPMENTALLY
DISABLED. IN THE INTEREST OF
TIME AND MY BROKEN BACK, I WANT
TO SAY THAT I ASSOCIATE
OURSELVES WITH THE COMMENTS OF
THE OPPOSITION. YOU'RE OPPOSED.
WE'RE OPPOSED, AND I THINK IT'S
THE FIRST TIME WE'VE EVER
OPPOSED A SENATOR ALLEN BILL.
AND I'M REALLY SORRY TO BE UP
HERE. OKAY. THANK YOU. THANK YOU
FOR BEING HERE, ANY OTHER
MEMBERS OF THE PUBLIC? OKAY. I'M
GOING TO BRING IT BACK TO OUR,
SENATE COMMITTEE QUESTIONS AND
CONCERNS FOR THE AUTHOR. SENATOR
BLAKE, PLEASE, I APPRECIATE THIS
BILL. AND I THINK, HAVING A
LITTLE BIT LONGER OF A TIMELINE
IS REALLY IMPORTANT. AND I'M
WANTED TO SPECIFICALLY ASK YOUR
LEAD WITNESS ABOUT THE FACT THAT
WHAT I HEARD YOU SAY WAS THAT,
IN NURSING HOMES, THE RIGHT TO
ASSERT REFUSE SERVICE HAS NOT
BEEN CONTROVERSIAL. SO I JUST
WANTED TO UNDERSTAND, THAT COULD
YOU SAY ANY MORE ABOUT THAT?
WHY? IN MY OPINION, IT'S BEEN
UNCONTROVERSIAL. WHEREAS HERE IT
WOULD BE A BONE OF CONTENTION.
SURE. I THINK THE MAIN REASON IS
BECAUSE THE SENATOR ALLEN
ALLUDED TO MOST OF THE NURSING
HOME REIMBURSEMENT IS PAID FOR
BY THE FEDERAL GOVERNMENT AND
STATE GOVERNMENT. SO THERE'S
VERY LITTLE TO NO PROFIT
INCENTIVE TO INCREASE SERVICES
THAT ARE DELIVERED TO A NURSING
HOME RESIDENT. WHEREAS IN AN
ASSISTED LIVING SITUATION, I
THINK THE STANDARD SETUP AND
THERE'S VARIOUS SETUPS RELATED
TO FACILITIES AND HOW THEY DO
THEIR CONTRACTS. MOST OF THE
TIME, ADDITIONAL SERVICES COST
ADDITIONAL MONEY. YES, I MY
EXPERIENCE IS THAT, THAT
SERVICE, INCREASES GO UP RAPIDLY
AND ARE FOR INDIVIDUAL THINGS
THAT SOMETIMES ARE NOT CLEAR AT
THE BEGINNING OF THE TENANT WHEN
THE TENANCY IS ESTABLISHED. SO I
THINK THAT IT IS REALLY
IMPORTANT AND IS THE BILL'S
CURRENT LANGUAGE. IF AMENDMENTS
WERE TAKEN, IS STILL IS A 5%
INCREASE PER YEAR OR, YES. THE
WAY, THE WAY, WELL, IT'S 5, BUT
BUT BUT TIED TO SO IT'S 5% PLUS
THE CHANGE IN COST AND LIVING
INDEX PLUS ONE HALF THE
PERCENTAGE CHANGE IN THE ANNUAL
MEDIAN WAGE. SO IT'S ACTUALLY
MORE LIKE SEVEN GENEROUS. YEAH,
OR SO. EIGHT. SO. RIGHT. SO IT
CAN DEPENDING ON WHAT THE WHAT
WHAT THE WHAT THE INFLATION
NUMBERS ARE THAT YEAR BASICALLY.
OKAY. THANK YOU. THAT SEEMS
EMINENTLY REASONABLE TO ME AND
I'M HAPPY TO SUPPORT IT AND MOVE
THE BILL. THANK YOU SO MUCH. ANY
OTHER QUESTIONS, COMMENTS OR
CONCERNS? OKAY. SENATOR ALLEN,
RESPECTIVE TO THE, THE CONSUMER
PRICE INDEX FOR CALIFORNIA, IT
TENDS TO, BE MORE POSITIVE, MORE
FAIR TO URBAN COMMUNITIES, HOW
DO YOU ANTICIPATE HAVING A PRICE
INDEX FOR URBAN FOR RURAL
COMMUNITIES? WELL, I'M HAPPY TO
HAVE THAT CONVERSATION WITH THE
COMMITTEE. IF YOU WANT TO CREATE
A, YOU KNOW, A STANDARD THAT
THAT REFLECTS THAT. I MEAN, I,
YOU KNOW, ONCE AGAIN, WE'RE, I'M
HAPPY TO HAVE THAT CONVERSATION.
YEAH, YEAH. YOU KNOW, I IS THERE
ANOTHER WE HAVE ALL SORTS OF
THINGS THAT ARE TIED TO COLA.
RIGHT, WHAT DO WE DO IN OTHER
AREAS OF THIS OF THE COMMITTEE'S
WORK ON THAT, ON THAT RURAL
URBAN DIVIDE ISSUE, SOMETIMES WE
SOMETIMES POLICY COMES FORWARD
AND ACTUALLY STIPULATES,
DIFFERENCES. BUT I THINK FOR
YOUR BILL, I JUST SAY WE
CONTINUE TO WORK WITH COMMITTEE
STAFF. IS THIS WHEN DOUBLE
REFERRED? IS GOING TO APPROVE.
NO. THIS GOES TO A PROCESS OKAY.
YEAH. IT GOES THROUGH A PROCESS.
YEAH, I THINK, YOU KNOW, YOU
HAVE OPPOSITION HERE THAT'S
WILLING TO WORK WITH YOU, AND I
KNOW YOU'RE WILLING TO WORK WITH
THEM, I'M REALLY HAPPY TO SEE
THAT YOU TOOK THE AMENDMENTS TO
KIND OF, MASSAGE THAT AMBIGUITY
AROUND EVICTIONS. I THINK THAT
WAS THE THAT WAS ONE OF THE
SHARPEST PIECES THAT I THINK WE
WERE ALL A LITTLE THROWN BACK,
SO IN TERMS OF THE INTENT, JUST
MAKING SURE THAT THE EQUITY IS
THERE, AND THAT THERE IS A
RESPECT FOR RURAL COMMUNITIES,
AS AN URBAN COMMUNITIES. YEAH.
I'D LOVE TO WORK WITH THE
COMMITTEE ON THAT. I, YOU KNOW,
I DON'T KNOW IF WE DO IT COUNTY
BY COUNTY. I, YOU KNOW, ONCE
AGAIN, BEFORE MAKING ANY I'D
LOVE TO WORK WITH THE COMMITTEE
ON THAT BECAUSE I RECOGNIZE THAT
ISSUE. OKAY. WOULD YOU LIKE TO
CLOSE. YEAH. APPRECIATE THE
DISCUSSION VERY MUCH. APPRECIATE
THE WORK THAT WE HAVE DONE. AND
I KNOW WE WILL DO WITH THE
OPPOSITION. I MEAN, I HEAR YOUR
COMMENT ABOUT THE NONPROFITS, I
WILL SAY SOMETHING LIKE 90% OF
THE ROOFS ARE FOR PROFITS, SO,
YOU KNOW, WE'RE REALLY NOT
TALKING ABOUT A LARGELY A
NONPROFIT SECTOR HERE, BUT, BUT
BUT THERE HAVE BEEN SOME, SOME
PRETTY COMPELLING, PRESS
JOURNALISM DONE BY THE NEW YORK
TIMES AND OTHERS DYING BROKE.
THAT'S REALLY POWERFUL AND I
THINK WORTH READING AS IT REALLY
GETS INTO THE DETAILS OF HOW,
HOW MANY OF OUR ELDERS ARE JUST
GETTING TOTALLY, SQUEEZED DRY.
AND I KNOW, I KNOW, I KNOW THAT
WE'VE GOT SOME GOOD PEOPLE HERE
AT THE TABLE WHO AREN'T, AREN'T
LOOKING TO, TO FACILITATE THAT.
AND I, I LIKE THE WAY THE
CONVERSATIONS HAVE BEEN GOING,
AND I WANT TO I FEEL GOOD ABOUT
GETTING TO A PLACE THAT WILL DO
RIGHT BY OUR SENIORS AND BUT
ALSO ALLOW THE GOOD ACTORS IN
THE ASSISTED LIVING SPACE TO DO
THEIR IMPORTANT WORK. AND THAT'S
WHAT THIS IS ULTIMATELY ALL
ABOUT. SO WITH THAT, AND WITH A
COMMITMENT TO WORK WITH THE
COMMITTEE ON ON SEVERAL OF THE
ISSUES THAT HAVE BEEN RAISED, I
RESPECTFULLY ASK FOR AND I VOTE.
DO WE HAVE A MOTION? Ó. THANK
YOU, SENATOR BLAKESBURG. WE HAVE
A MOTION, FOR SENATE BILL, 1406,
DO PASS TO APPROPRIATIONS
COMMITTEE, PLEASE CALL THE ROLL
FILE ITEM EIGHT SB 1406, DO PASS
TO THE APPROPRIATIONS COMMITTEE.
ALVARADO GIL. ALVARADO. GIL.
AYE. OCHOA. BOGH BLAKE. SPEER.
Ã. BLAKE. SPEER. AYE HURTADO.
HURTADO. AYE. MENGIBAR MENGIBAR.
AYE. FOUR EYES AND ONE
ABSTENTION. THAT BILL IS OUT.
THANK YOU. MEMBERS. THANK YOU
VERY MUCH. THANK YOU. RIGHT,
SENATOR GLAZIER, WELCOME TO
HUMAN SERVICES COMMITTEE. WE'LL
NOW PREPARE FOR ITEM NUMBER
NINE, SENATE BILL 1415. SENATOR,
DO YOU HAVE ANY WITNESSES WITH
YOU TODAY? OKAY. ANY WITNESSES
IN OPPOSITION ON THIS BILL? JUST
WAVE AND LET ME KNOW YOU'RE HERE
. ALL RIGHT? OKAY. WE'LL HAVE
YOU PROCEED WHEN YOU'RE READY.
GREAT. THANK YOU. GOOD
AFTERNOON. GOOD AFTERNOON. NOW
IT SAYS GOOD AFTERNOON. GOOD
EVENING, CHAIR AND MEMBERS,
THANK YOU FOR ALLOWING ME TO
PRESENT THIS BILL TO YOU TODAY.
LET ME THANK THE YOUR COMMITTEE
STAFF FOR THEIR WORK ON IT. THIS
BILL WOULD ALLOW COUNTIES TO
CONSIDER GOVERNMENT ASSISTANCE,
NONPROFIT ASSISTANCE, AND OTHER
FORMS OF PRIVATE ASSISTANCE A
FAMILY REGULARLY RECEIVES TO
COUNT AS INCOME FOR THE PURPOSE
OF APPLYING TO THE CALWORKS
PERMANENT HOUSING PROGRAM WITHIN
THE HOMELESS ASSISTANCE PROGRAM.
IT WOULD ALSO CONFIRM THAT
STUDENTS PARTICIPATING IN THE
WELFARE TO WORK PROGRAM CAN USE
THE FINANCIAL ASSISTANCE
PROVIDED TO THEM TO PURCHASE A
COMPUTER. CALWORKS HOMELESS
ASSISTANCE PROVIDES A TEMPORARY
SHELTER PROGRAM AND A PERMANENT
HOUSING PROGRAM TO LOW INCOME
FAMILIES. HOWEVER, THE PROGRAM
ONLY ALLOWS A COW WORKS FAMILY
TO QUALIFY FOR PERMANENT HOUSING
ASSISTANCE IF THEIR RENT DOES
NOT EXCEED 80% OF THEIR INCOME.
WITH CURRENT RENTS SOARING IN
CALIFORNIA AND WAGES STAGNATING,
LOW INCOME FAMILIES USE A
GREATER PERCENTAGE OF THEIR
INCOME TOWARDS RENT, LEADING TO
LOW UTILIZATION OF THIS PROGRAM.
ADDITIONALLY, CALWORKS WELFARE
TO WORK PROGRAM OFFERS STUDENTS
A PAYMENT AT THE BEGINNING OF
EACH SEMESTER FOR SCHOOL
EXPENSES LIKE BOOKS AND OTHER
COLLEGE SUPPLIES, IN
ASSIGNMENTS, AS ASSIGNMENTS AND
CLASSES SHIFT TO ONLINE,
STUDENTS NEED FOR OWNING A
COMPUTER IS CERTAINLY
INCREASING. WHILE SOME COUNTIES
ARE ALLOWING STUDENTS TO USE
ASSISTANCE FROM THE WELFARE TO
WORK PROGRAM TO BUY A COMPUTER,
OTHERS ARE NOT. AS A RESULT,
STUDENTS PARTICULARLY LOW INCOME
ARE FALLING BEHIND BECAUSE THEY
CAN'T THEY CAN'T PURCHASE A
COMPUTER. THIS BILL WOULD
GUARANTEE THAT STUDENTS IN ANY
COUNTY CAN USE THEIR PAYMENTS TO
PURCHASE A COMPUTER AND SUCCEED
IN CLASSES. WITH THAT, THANK YOU
FOR THE CONSIDERATION.
RESPECTFULLY ASK FOR AN AYE VOTE
AT THE APPROPRIATE TIME WITH ME
TODAY IS KEVIN AUSTRALIAN, WHO'S
EXECUTIVE DIRECTOR, AS YOU KNOW,
OF THE COALITION OF CALIFORNIA
WELFARE RIGHTS ORGANIZATION, TO
TESTIFY IN SUPPORT, I GUESS.
GOOD EVENING. MY NAME IS KEVIN
COALITION, CALIFORNIA WELFARE
RIGHTS ORGANIZATION. THIS BILL
DOES TWO THINGS. ONE ONE IS THAT
IN ORDER TO GET OFF OF CALWORKS,
ONE OF THE BEST WAYS TO GET OFF
IS GET AN EDUCATION IN FACT,
THAT SHOWS THAT IF YOU HAVE A
BA, YOU HAVE ABOUT 30 MORE
THOUSAND DOLLARS THAT YOU COULD
GET AND YOU COULD PROVIDE FOR
YOUR FAMILY. PEOPLE ON CALWORKS
ARE LIVING ON A FIXED INCOME ON
AVERAGE, THAT IS BELOW 50% OF
THE FEDERAL POVERTY LEVEL.
THAT'S THE POVERTY, A TOXIC
POVERTY. THIS BILL BASICALLY
WOULD SAY THAT ONE TIME YOU IF
YOU START GOING TO COLLEGE ONE
TIME, YOU WOULD GET A $700
PAYMENT AND YOU COULD USE THAT
FOR, FOR TO BUY A LAPTOP BECAUSE
IN THESE DAYS, MY DAYS, YOU
DIDN'T NEED TO GET A LAPTOP.
THESE DAYS THEY JUST REQUIRE A
LAPTOP. AND THAT A BIG PROBLEM
IS THAT, ABOUT ONLY 8% OF THE
PEOPLE WHO APPLY FOR IN THE
HOMELESS PROGRAM, YOU HAVE
TEMPORARY HOMELESS ASSISTANCE
AND PERMANENT THE TEMPORARY IS
TO PIT PEOPLE IN A HOTEL FOR 16
DAYS. AFTER THAT, THEY HAVE TO
GET PERMANENT. ONLY 8% OF THE
PEOPLE GET TEMPORARY HOMELESS
ASSISTANCE GET PERMANENT. AND I
MEAN IN OR THEY END UP IN THE
STREETS. SO THIS BILL WOULD
BASICALLY FIND OTHER WAYS TO
HELP PEOPLE MEET THE 80%
REQUIREMENT TO GET HOMELESS
ASSISTANCE. WE APPRECIATE OUR
VOTE. THANK YOU. THANK YOU SO
MUCH. ANY MEMBERS OF THE PUBLIC
WANT TO SHARE THEIR SUPPORT FOR
THIS BILL? PLEASE COME FORWARD.
HELLO. HELLO, GOOD EVENING,
REBECCA GONZALES WITH THE
WESTERN CENTER ON LAW AND
POVERTY AND SUPPORT. THANK YOU
SO MUCH. ALL RIGHT. ANY
OPPOSITION IN THE ROOM THAT'S
LIKE, WOULD LIKE TO BE HEARD
TODAY? OKAY. SEEING NONE ANY
MEMBERS OF THE PUBLIC THAT WANT
TO EXPRESS THEIR OPPOSITION.
OKAY. WE WILL MOVE FORWARD TO
COMMITTEE QUESTIONS, CONCERNS
I'LL MOVE THE BILL MOVED BY
SENATOR BREAKSPEARE. OKAY.
SEEING NO QUESTIONS. WOULD YOU
LIKE TO CLOSE? THANK YOU FOR
YOUR CONSIDERATION. APPRECIATE
YOUR SUPPORT TODAY. WONDERFUL.
OKAY SO THIS IS A SENATE BILL
1415, DO PASS TO APPROPRIATIONS
COMMITTEE. PLEASE CALL THE ROLL
FILE ITEM NINE, SB 1415, DO PASS
TO THE APPROPRIATIONS COMMITTEE.
ALVARADO. GIL. AYE ALVARADO,
GIL. AYE. AQUEBOGUE BLAKE.
SPEER. Ã. BLAKE. SPEER. AYE.
HURTADO HURTADO. AYE. MENGIBAR.
MENGIBAR. AYE ALL RIGHT. THAT IS
FOUR ZERO. WE WILL HOLD THAT
OPEN, THANK YOU SO MUCH, SENATOR
GLAZIER. THANK YOU FOR YOUR
WITNESS. WE ARE NOW MOVING ON TO
THE LAST ITEM ON THE DOCKET, I
DO NEED TO PASS THE GAVEL. WILL
THE SENATOR BE JOINING US? SHE'S
CHECKING ON THE MATTER. OH, OKAY
. SHE'S CHECKING ON THE MATTER.
ALL RIGHT. IS THERE, ANY
OBJECTION TO ME PASSING THE
GAVEL TO ANOTHER MEMBER OF THE
COMMITTEE TO BE HEARD? OKAY,
THANK YOU.
PAPER. I CAN TELL YOU. I'M SURE
I HAVE EXTRA HERE SOMEWHERE.
YEAH. OKAY. OKAY. THIS IS SB
1396, AND WE WILL I'LL WE'LL
HAND IT OVER TO YOU TO PRESENT
YOUR BILL. THANK YOU SO MUCH.
GOOD AFTERNOON, FELLOW COMMITTEE
MEMBERS, THANK YOU SO MUCH FOR
THIS OPPORTUNITY TO PRESENT
SENATE BILL 1396. THIS IS A BILL
THAT WILL UNLOCK THE FULL
POTENTIAL OF OUR CAL WORKS HOME
VISITING PROGRAM AT THE
DEPARTMENT OF SOCIAL SERVICES.
IT WILL PROVIDE THE ONGOING
SUPPORT THAT FAMILIES DESERVE
DURING THE DEVELOPMENT AND EARLY
STAGES OF THEIR CHILD'S LIFE.
THIS PROGRAM AIMS TO EQUIP
FAMILIES WITH THE NECESSARY
TOOLS TO EXPAND THEIR
EDUCATIONAL, ECONOMIC AND
FINANCIAL CAPABILITIES, THEREBY
ADDRESSING POVERTY THROUGH A TWO
GENERATION SUPPORT APPROACH.
RESEARCH SHOWS THAT THE CRITICAL
IMPORTANCE OF THE FIRST FIVE
YEARS OF A CHILD'S LIFE FOR
THEIR FOR THEIR DEVELOPMENT IS,
IN FACT, 90% OF THE CHILD'S
BRAIN DEVELOPING BY AGE FIVE.
EARLY ADVERSE CHILDHOOD
EXPERIENCES, OR ACES, CAN HAVE
LONG TERME NEGATIVE EFFECTS ON A
CHILD'S PHYSICAL, SOCIAL, AND
BEHAVIORAL HEALTH, AS WELL AS
THEIR EDUCATIONAL AND ECONOMIC
WELL-BEING WELL INTO ADULTHOOD.
DESPITE THE PROVEN EFFECTIVENESS
OF HOME VISITING PROGRAMS, THE
CURRENT CAL WORKS HVP STATUTE
ONLY FUNDS PARTICIPATION UNTIL A
CHILD'S SECOND BIRTHDAY OR 24
MONTHS. THIS PREMATURE END TO
SERVICES PREVENTS FAMILIES FROM
FULLY BENEFITING FROM THE
PROGRAM AND ITS POTENTIAL LONG
TUM IMPACTS. SENATE BILL 1396
WILL GUARANTEE THAT PREGNANT
INDIVIDUALS, PARENTS AND
CAREGIVERS, CARETAKER RELATIVES
AND CHILDREN RECEIVE SUPPORT FOR
A MINIMUM OF 24 MONTHS, ALIGNING
WITH THE DURATION OF THE
RESPECTIVE HOME VISITING PROGRAM
MODEL. THIS BILL WOULD ONLY BE
IMPLEMENTED IF FUNDING IS
ALLOCATED DIRECTED TOWARD THE
COUNTIES, AND CONTINGENT UPON
PROGRAM CAPACITY AND COSTS, NOT
EXCEEDING THE ALLOCATED BUDGET.
WE DID AGREE TO AMENDMENTS OR
SUBMIT AMENDMENTS ENSURING THAT
TRIBAL FAMILIES ARE EXPLICIT IN
THE BILL. LANGUAGE AND CLARIFY
THE CRITERIA OF A FAMILY
PROGRAMS. FAMILIES PROGRAM.
ELIGIBLE DURATION TIME HERE TO
TESTIFY IN SUPPORT OF THE BILL.
I WANT TO THANK STACEY LEE FROM
CHILDREN NOW FOR CHANGING HER
FLIGHT AND BEING WITH US IN THIS
EVENING HOURS, AND AMANDA
KIRCHNER FROM THE CALIFORNIA
WELFARE DIRECTORS ASSOCIATION.
THANK YOU, THANK YOU, CHAIR. AND
MEMBERS OF THIS COMMITTEE. I'M
STACEY LEE, THE CHIEF LEARNING
OFFICER AND SENIOR MANAGING
DIRECTOR FOR EARLY CHILDHOOD
WITH CHILDREN. NOW A WHOLE CHILD
CHILDREN'S RESEARCH POLICY AND
ADVOCACY ORGANIZATION FOCUSED ON
BUILDING POWER FOR KIDS.
PRENATAL TO 26. I'M ALSO HERE
TODAY WITH MY COLLEAGUE LETICIA
SANCHEZ, DIRECTOR OF EARLY
CHILDHOOD, AND KIM LEWIS, OUR
ADVOCATE HERE IN SACRAMENTO.
THANK YOU FOR THE OPPORTUNITY TO
PRESENT IN SUPPORT OF SB 1396,
AN IMPORTANT BILL THAT WILL HELP
ENSURE THE STATE'S INVESTMENTS
IN THE CAL WORKS HOME VISITING
PROGRAM AT THE DEPARTMENT OF
SOCIAL SERVICES ARE MAXIMIZED.
VOLUNTARY EVIDENCE BASED HOME
VISITING PROGRAMS MATCH NEW AND
EXPECTANT PARENTS WITH TRAINED
PROFESSIONALS WHO PROVIDE
ONGOING, TAILORED SUPPORT,
STARTING AS EARLY AS PREGNANCY
AND DURING THE CHILD'S EARLY
YEARS. RESEARCH SHOWS THAT THE
BENEFITS OF EVIDENCE BASED HOME
VISITING LAST A LIFETIME FOR
BOTH THE CHILD AND PARENT, AND
GENERATES SIGNIFICANT COST
SAVINGS TO MULTIPLE PUBLIC
SYSTEMS. PRIOR TO WORKING WITH
FAMILIES. HOME VISITORS ARE
TRAINED ON CULTURAL COMPETENCY
AND IMPLICIT BIAS, TRAINED TO
BUILD RELATIONSHIPS, FOCUS ON
STRENGTHS AND SKILL BUILDING TO
LISTEN TO THE NEEDS AND
ASPIRATIONS OF PARENTS. IDENTIFY
AND REINFORCE CULTURAL PRACTICES
AND PARENTING. MAKE REFERRALS TO
AVAILABLE RESOURCES, AND SUPPORT
THEIR CLIENTS TO SUCCEED. OVER
THE SPAN OF TWO YEARS OR MORE.
IN THE EVALUATION OF THE
CALWORKS HOME VISITING PROGRAM,
THERE ARE OVER 26 SERVICES
FAMILIES WERE REFERRED TO. THE
MOST FREQUENT WERE FOR FOOD,
MATERIAL GOODS, HOUSING SUPPORT
AND MENTAL HEALTH SERVICES OF
THOSE REFERRED TO SERVICES, 60
TO 90% OR MORE ACCESS THEM. HOME
VISITORS ARE THE SUPPORTIVE
CONNECTORS WHO HELP ENSURE WE
ARE MAXIMIZING THE RESOURCES
ALREADY IN PLACE FOR FAMILIES
AND CHILDREN IN THEIR OWN
COMMUNITIES. ADDITIONALLY, 91%
OF CHILDREN PARTICIPATING IN THE
CALWORKS HVP RECEIVED A
DEVELOPMENTAL SCREENING,
COMPARED TO ONLY 23% OF CHILDREN
IN MEDI-CAL ALONE. CHILDREN NOW
CONDUCTED A POLICY INTERVIEW
PROJECT LAST FALL, CULMINATING
IN OUR REPORT A STATEWIDE
APPROACH TO STRENGTHENING HOME
VISITING. OUR HOME VISITING TEAM
INTERVIEWED OVER 50 PEOPLE,
INCLUDING LOCAL HOME VISITING
PROVIDERS, COUNTY STAFF, LOCAL
AND STATE FIRST FIVE STAFF,
STATE AGENCY LEADERSHIP AND
NATIONAL HOME VISITING MODELS TO
IDENTIFY OPPORTUNITIES TO
STRENGTHEN THE HOME VISITING
SYSTEM IN CALIFORNIA. THESE
RECOMMENDATIONS ARE REFLECTED IN
THE CHANGES INCLUDED WITHIN SB
1396. THANK YOU FOR YOUR TIME. I
RESPECTFULLY REQUEST YOUR AYE
VOTE ON THIS IMPORTANT BILL.
THANK YOU. GOOD EVENING, AMANDA
KIRSHNER WITH WWDA. WE ARE ONE
OF THE CO SPONSORS WITH CHILDREN
NOW OF THIS IMPORTANT MEASURE.
WE BELIEVE THAT FOR OUR CALWORKS
FAMILIES WHO ARE PARTICIPATING
IN THIS HOME VISITING PROGRAM,
THE ABILITY FOR THEM TO BE ABLE
TO STAY PAST JUST AN ARBITRARY
STATUTORY DEADLINE. BUT THROUGH
THE PROGRAM'S FULL MODEL,
FIDELITY WILL REALLY ALLOW THESE
CHILDREN AND THESE FAMILIES TO
GET THE ENTIRE BENEFIT OF THAT
PROGRAM. WE KNOW THAT BASED ON
THE RESEARCH THAT SHOWS THAT
THESE PROGRAMS HAVE BENEFITS FOR
MATERNAL HEALTH, FOR CHILDREN'S
HEALTH, AND THEN FURTHER ON IN
THEIR OWN, EDUCATIONAL
OPPORTUNITIES AS WELL, WE SEE
LOWER INCIDENCE OF SPECIAL
EDUCATION, LOWER INCIDENCE OF
CRIMINAL JUSTICE INVOLVEMENT.
AND WE KNOW THAT UNFORTUNATELY,
THERE IS SUCH A LINK BETWEEN
POVERTY AND OUR CHILD WELFARE
AGENCIES. AND SO FOR US, WE
REALLY SEE IT AS A MEASURE THAT
WILL HELP US CONTINUE TO REDUCE
SYSTEM CONTEXT, ESPECIALLY FOR
FAMILIES OF COLOR. SO FOR THOSE
REASONS, WE'RE VERY SUPPORTIVE.
I WANT TO THANK THE SENATOR
ESPECIALLY FOR TAKING ON THIS
ISSUE AND THE STAFF FOR SUCH A
HELPFUL ANALYSIS, HAPPY TO
ANSWER ANY QUESTIONS. OKAY.
THANK YOU, IF WE HAVE ANY
MEMBERS OF THE PUBLIC WISHING TO
EXPRESS SUPPORT FOR THIS BILL,
PLEASE APPROACH THE MICROPHONE
NOW. KEVIN ESTÁN, COALITION OF
CALIFORNIA WELFARE RIGHTS
ORGANIZATIONS. STRONG SUPPORT.
THANK YOU. REBECCA GONZALEZ,
WESTERN CENTER ON LAW AND
POVERTY AND SUPPORT. HELLO.
MARIA ROMO FROM CHILDCARE
RESOURCE CENTER IN SUPPORT. AND
KELLY BROOKS, ON BEHALF OF THE
URBAN COUNTIES OF CALIFORNIA AND
THE RURAL COUNTY REPRESENTATIVES
OF CALIFORNIA HERE IN SUPPORT.
OKAY. THANK YOU, WE WILL NOW
MOVE ON TO LEAD WITNESSES AND
OPPOSITION. DO WE HAVE ANY I DO
NOT SEE ANYONE COMING FORWARD.
OKAY. DO WE HAVE ANY MEMBERS OF
THE PUBLIC WISHING TO EXPRESS
OPPOSITION FOR THIS BILL? PLEASE
APPROACH THE MICROPHONE. SEEING
NONE, WE WILL TAKE THIS BACK TO
THE COMMITTEE. ANY COMMITTEE,
QUESTIONS? COMMENTS? OKAY WE
HAVE A MOTION HERE, SO WE'LL
ALLOW YOU TO CLOSE. THANK YOU SO
MUCH FOR YOUR TIME. THANKS FOR
BEING HERE THIS EVENING. AND I
RESPECTFULLY ASK FOR AN AYE VOTE
. OKAY. ASSISTANT, PLEASE CALL
THE ROLL FILE. ITEM 11 SB 1396,
MOTION IS DUE. PASS TO THE
APPROPRIATIONS COMMITTEE.
ALVARADO GIL. ALVARADO. GIL.
AYE. ECHO. BOGUE. BLAKE SPEER.
Ã. BLAKE. SPEER. AYE. HURTADO.
HURTADO AYE. MENGIBAR. MENGIBAR.
AYE FOUR TO. OH, WE'LL PUT THAT
ONE ON. CALL OKAY
.
ALL RIGHT. THANK YOU SO MUCH.
WE'VE GOT THREE BILLS ON CALL.
THANK YOU. SENATOR FOR YOUR WORK
ON, THE SITUATION. I'M GLAD TO
HAVE YOU BACK. ALL RIGHT. THIS
IS GOING TO BE OUR FINAL CALL
NOW, ASSISTANT, PLEASE, CALL THE
ROLL ON THE ITEMS THAT ARE STILL
ON CALL. FILE ITEM SIX, SB 1352.
THE MOTION IS DUE. PASS IS
AMENDED TO JUDICIARY MENGIBAR. A
MENGIBAR I 5 TO 0. THAT BILL IS
OUT. BILL IS FIVE, THE VOTE IS
FIVE. AYES ZERO. NOS THAT BILL
IS OUT. FILE ITEM NINE SB 1415.
THE MOTION IS Dð. PASS TO THE
APPROPRIATIONS COMMITTEE. OCHOA
BOGH. ITEM NUMBER NINE. NUMBER
NINE 1415. I THAT IS FIVE TO OH
OH. THAT BILL IS OUT. FIVE AYES
ZERO NOS. THAT BILL IS OUT. FILE
ITEM 11 SB 1396 TO PASS TO THE
APPROPRIATIONS COMMITTEE. OCHOA
BOGH. SUPPORT SORRY. THAT'S OKAY
I THE VOTE IS 5I0 NØ THAT VOTE
IS OUT THAT BILL IS OUT. IS THAT
IT? ALL RIGHT. SO IT LOOKS LIKE
WE HAVE DONE THIS.
CONGRATULATIONS CONGRATULATIONS.
I'D LIKE TO THANK OUR,
CONSULTANT, OUR STAFF, OUR
OFFICE STAFF AS WELL FOR HELPING
US OUT TODAY. THE SERGEANTS FOR
STAYING LATE. OUR WITNESSES.
THANK YOU SO MUCH FOR BEING
HERE, WE WILL NOW ADJOURN