Section 16501.35 - Duties of social workers and probation officers(a) On or before September 29, 2016, county child welfare agencies and probation departments shall implement policies and procedures that require social workers and probation officers to do all of the following:(1) Identify children receiving child welfare services, including dependents or wards in foster care, nonminor dependents, and youth receiving services pursuant to Section 677 of Title 42 of the United States Code, who are, or are at risk of becoming, victims of commercial sexual exploitation.(2) Document individuals identified pursuant to paragraph (1) in the statewide child welfare information system and any other agency record as determined by the county.(3) Determine appropriate services for the child or youth identified pursuant to paragraph (1).(4) Receive relevant training in the identification, documentation, and determination of appropriate services for any child or youth identified in paragraph (1).(b) County child welfare agencies and probation departments shall develop and implement specific protocols to expeditiously locate any child missing from foster care. At a minimum, these policies shall do all of the following:(1) Describe the efforts used by county child welfare or probation staff to expeditiously locate any child or nonminor dependent missing from care, including, but not limited to, the timeframe for reporting missing youth, the individuals or entities entitled to notice that a youth is missing, any required initial and ongoing efforts to locate youth, and plans to return youth to placement.(2) Require the social worker or probation officer to do all of the following: (A) Determine the primary factors that contributed to the child or nonminor dependent running away or otherwise being absent from care.(B) Respond to factors identified in paragraph (2) in subsequent placements, to the extent possible.(C) Determine the child's or nonminor dependent's experiences while absent from care.(D) Determine whether the child or nonminor dependent is a possible victim of commercial sexual exploitation.(E) Document the activities and information described in subparagraphs (A) to (D), inclusive, for federal reporting purposes, consistent with instructions from the department.(c) In consultation with stakeholders, including, but not limited to, the County Welfare Directors Association of California, the Chief Probation Officers of California, former foster youth, and child advocacy organizations, the department shall, no later than January 1, 2020, develop model policies, procedures, and protocols to assist the counties to comply with this section. In addition, the department shall consult with the California Department of Education, the State Department of Health Care Services, state and local law enforcement, and agencies with experience serving children and youth at risk of commercial sexual exploitation in the development of the model policies and procedures described in subdivision (a).(d) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement this section through all-county letters or similar instructions until regulations are adopted.Ca. Welf. and Inst. Code § 16501.35
Amended by Stats 2022 ch 50 (SB 187),s 71, eff. 6/30/2022.Amended by Stats 2018 ch 757 (AB 2207),s 2, eff. 1/1/2019.Added by Stats 2015 ch 425 (SB 794),s 29, eff. 1/1/2016.