Amended IN Assembly May 01, 2025

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Assembly Bill

No. 1375

Introduced by Assembly Member Hoover
(Coauthor: Assembly Member Krell)

February 21, 2025

An act to add ~~Section 3040.5~~ Sections 3040.5 and 3040.6 to the Family Code, relating to child custody.

LEGISLATIVE COUNSEL'S DIGEST

AB 1375, as amended, Hoover. Consideration when determining child custody: human trafficking.

Existing law governs the determination of child custody and visitation in contested proceedings. Under existing law, upon a finding by the court that a party seeking custody of a child has perpetrated domestic violence against the child, the other party seeking custody of the child, or others, as specified, there is a rebuttable presumption that granting custody to the party who perpetrated domestic violence is detrimental to the best interest of the child. Under existing law, this presumption may only be rebutted by a preponderance of the evidence.

This bill ~~would require~~ would, beginning July 1, 2027, in matters involving child custody where an allegation of human trafficking has been made, authorize a court, before making an order granting custody of a child, to make independent findings relating to whether a parent or the child are victims of human trafficking or whether a parent has been convicted of, or caused the child or other parent to be a victim of, human trafficking. The bill would require a court, if the court found that a child or parent has been the victim of human trafficking, to include in an order granting custody how the order provides the necessary protections to the child. The bill would impose, if the court finds that a parent has been convicted of or caused human trafficking, as specified, a rebuttable presumption that an award of sole or joint physical or legal custody of a child to that perpetrating parent is detrimental to the best interest of the child that may only be rebutted by a preponderance of the evidence. The bill would require, on or before January 1, 2027, the Judicial Council to establish judicial training programs for judges addressing best practices related to the treatment of human trafficking victims in courtroom cases, as specified. The bill would require, beginning January 1, 2027, the training to be offered to all newly appointed or elected judges as part of any orientation session or initial training and all judicial officers upon assignment to a family court or juvenile court, and any other judicial officers deemed appropriate by the Judicial Council. The bill would require the training to be made available to judicial officers on an annual basis, as specified.

Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 3040.5 is added to the Family Code, to read:

3040.5.

(a) (1) ~~Before~~ Beginning July 1, 2027, in matters involving child custody where an allegation of human trafficking has been made by either party, before making an order granting custody of a child, the court ~~shall~~ may make independent findings for each of the following:

(A) Whether the child or a parent is a victim of human trafficking. Evidence of being a victim of human trafficking includes, but is not limited to, receiving services from a governmental entity or nongovernmental organization for victims of human trafficking or receiving compensation from the California Victim Compensation Board.

(B) Whether a parent has been convicted of human trafficking.

(C) Whether a parent has caused the child or other parent to be a victim of human trafficking.

(2) The court shall consider the findings made pursuant to paragraph (1) when determining custody.

(b) If the court finds that a child or parent has been a victim of human trafficking, as described in subparagraph (A) of paragraph (1) of subdivision (a), the court shall include in the order granting custody how the order provides the necessary protections to the child.

(c) If the court finds that a parent has been convicted of, or caused human trafficking of the child or other parent, as described in subparagraph (B) or (C) of paragraph (1) of subdivision (a), there is a rebuttable presumption that an award of sole or joint physical or legal custody of a child to that perpetrating parent is detrimental to the best interest of the child, pursuant to Sections 3011 and 3020. This presumption may only be rebutted by a preponderance of the evidence.

(d) For purposes of this section, “human trafficking” has the same meaning as set forth in Section 236.1 of the Penal Code.

SEC. 2.

Section 3040.6 is added to the Family Code, to read:

3040.6.
(a) On or before January 1, 2027, the Judicial Council shall establish judicial training programs for judges addressing best practices related to the treatment of human trafficking victims in courtroom cases. The development of the training programs shall be informed by research and evidence on the impact of human trafficking on victims.
(b) (1) Beginning January 1, 2027, the training program developed pursuant to subdivision (a) shall be provided to both of the following:
(A) All newly appointed or elected judges as part of any orientation session or initial training.
(B) All judicial officers upon assignment to a family court or juvenile court, and any other judicial officers deemed appropriate by the Judicial Council.
(2) The training shall be provided to judicial officers on an annual basis.
(c) The Judicial Council, at its discretion, may offer the training required by this section in person or by remote technology.