Children's Rights

The LA Times published an op-ed yesterday highlighting the urgent need for Senate Bill 976 (SB 976), The Protecting Our Kids from Social Media Addition Act. SB 976, authored by Senator Skinner (D-Berkeley) and sponsored by Attorney General Bonta, would limit the harms associated with social media addiction, and marks an important continuation of Attorney General Bonta’s commitment to improving child safety online.

The op-ed, excerpted below, can be read in its entirety here.

By The Times Editorial Board

From state capitols to Washington, D.C., lawmakers are scrambling to come up with regulations that can protect kids from the potential harms of social media, since the platforms have been unwilling to adopt reasonable safeguards themselves. A dozen other states, including California, are considering or have passed laws that would force companies to design their platforms to be safer for kids. 

This legislation is driven by a growing understanding that social media apps can be addictive and are dangerous to children’s mental health. The American Psychological Assn. urged again this month that policymakers require that tech companies reduce the risks embedded in the platforms.

Yet the drive for regulation is facing stiff pushback from the tech industry, which has lobbied against the bills and filed lawsuits to block new legislation from taking effect, arguing the laws are unconstitutional.  

Senate Bill 976 by Sen. Nancy Skinner (D-Berkeley) would require that social media platforms essentially turn off their algorithms for users under 18 and instead serve them content through a chronological feed from people they follow and information that they’ve searched for. The algorithms are designed to feed users a steady stream of content they didn’t necessarily ask for that keeps them on the app, which is why the algorithms have been called addictive.

The bill is sponsored by Atty. Gen. Rob Bonta, who sued Meta last year alleging the company used harmful and “psychologically manipulative product features,” such as “likes,” infinite scroll and constant alerts, to hook young people on Instagram and Facebook and keep them engaged for as much time as possible in order to boost profits.

These are reasonable safeguards and much less restrictive than proposals in other states, yet tech industry groups have opposed the bill. It’s likely that any law attempting to put guardrails on social media platforms will face legal challenges. This is complex legal and regulatory terrain, but that’s exactly why California lawmakers should keep pushing ahead with SB 976 and similar efforts. The tech industry has been unwilling to voluntarily change its practices to protect children. Lawmakers have to do it for them.

OAKLAND — California Attorney General Rob Bonta today announced that the California Department of Justice (DOJ) has ended monitoring of the Stockton Unified School District (District) and its Department of Public Safety (Department), concluding the five-year term of the stipulated judgment that addressed system-wide violations of the civil and constitutional rights of Black and Latino students and students with disabilities. The District has also committed to implementing a plan to further reduce disproportionalities in law enforcement referrals through school year 2026-2027, which will institutionalize the revised policies and practices and continue the progress made under the judgment.

“Over the past five years, the California Department of Justice and the Stockton Unified School District worked together to successfully implement the corrective actions set out in the stipulated judgment to protect the rights of students in schools,” said Attorney General Rob Bonta. “Today we can celebrate that the agreement has helped the District take important steps to address concerns regarding interactions between police officers and students and to promote an equitable and positive learning environment. My office is committed to ensuring that the District’s plan to reduce disproportionalities is fully implemented and all students have an equal opportunity to achieve their fullest potential in schools.”

“This achievement is a testament to the hard work and dedication of our educators, staff, students, and Department of Public Safety, said Dr. Michelle Rodriguez, Superintendent of Stockton Unified School District. “We reaffirm our commitment to continue the important changes and policies and remain steadfast in our mission to improve services and support for all students, ensuring that each child has the opportunity to succeed academically, socially, and emotionally. We will continue to collaborate with stakeholders, implement evidence-based practices, and prioritize equity in everything we do.”

“The Department is proud of the work that was completed surrounding the DOJ Agreement which has not only made us a better Department but has placed us at the forefront of progressive policing,” said Chief Mayra Franco. “We will continue with our commitment to the work that has been completed and ensure that we provide our staff and students with a safe learning environment ensuring fair and equal justice.”  

“The consent decree was phase one. Now we must build on this momentum to cement the progress that has been made, and fix policies and practices that continue to hurt SUSD students and families,” said Jasmine Dellafosse, Director of Organizing and Community Engagement at End Poverty in CA. “The District should take the last few years as a lesson that accountability and transparency are non-negotiable when it come to our students’ well-being.”

“The Stockton Unified School District was placed under a consent decree because its school police were out of control, arresting and traumatizing kids for acting like kids. Students of color, especially Black students, and students with disabilities were hurt the most,” said Linnea Nelson, Senior Staff Attorney at the ACLU of Northern California. “Even though the consent decree is over, those disparities still exist, and we will continue to monitor the District's progress to prevent resurgent discrimination.”

“The requisite collaboration that took place with community members and the Stockton Unified School District was an admirable beginning,” said Pastor Trena Turner, Victory In Praise Church. “Continued efforts of transparency and inclusion that outlasts the monitoring period, will be of paramount importance to further strengthen the district and ultimately improve the lived experience of our students.”

In 2019, a DOJ investigation concluded that the District’s policies and practices with respect to law enforcement referrals discriminated against Black and Latino students and students with disabilities. The investigation also found unconstitutional search and seizure practices. DOJ and the District entered into a stipulated judgment that required significant reforms and a five-year monitoring period. As part of the stipulated judgment, which concluded on February 19, 2024, the District: 

• Established clear policies and procedures limiting when school administrators refer students to law enforcement.
• Created a formal diversion program in lieu of citations and arrests to address minor school-based offenses.
• Revised policies and procedures relating to treatment of students with disabilities in order to prevent discrimination, including the hiring of a trained Disability Coordinator.
• Created clear processes for school site administrators to refer students with mental health needs to support services rather than a referral to law enforcement.
• Instituted mandatory annual training of all officers and staff regarding civil and constitutional rights, disability and special education laws, and elimination of bias.
• Reformed use of force policies, procedures, and practices, including implementing a comprehensive review process.
• Updated search and seizure policies.
• Used data to track and analyze all arrests and referrals to law enforcement from schools; and
• Established the Community Advisory Group, which collaborated with the District to provide input and review updated policies.

Overall, the judgment led to markedly improved outcomes for students. Total arrests of students dropped significantly; in school year 2018-2019, there were 155 arrests, compared to nine arrests during school year 2022-2023. Calls for service to the Department decreased by 54% and unwarranted calls for service decreased by 52%. Under the disproportionality plan, the Community Advisory Group and Transformative Justice subcommittee, consisting of community organizations and other stakeholders, will continue to meet regularly to improve and reduce disparities in law enforcement referrals and receive and analyze disaggregated and anonymized District data on use of force, law enforcement contacts, citations, arrests, and calls for assistance.  

A copy of the stipulated judgment is available here. A copy of the complaint is available here.

SACRAMENTO – California Attorney General Bonta today announced 41-year-old Christopher Campbell was sentenced to 14 years in prison for possession of child pornography after he was arrested during an undercover operation to combat child sexual predators within Sacramento County. On February 27, 2023, the California Department of Justice (DOJ) Human Trafficking and Sexual Predator Apprehension Team (HT/SPAT), along with Homeland Security Investigations and the Federal Bureau of Investigation, assisted the Sacramento Valley Hi-Tech Crimes Task Force in the joint operation. The United States Attorney's Office for the Eastern District of California prosecuted the case.

“Let this conviction serve as a warning to those who harm children: You will be held accountable,” said Attorney General Bonta. “Our office is fighting on behalf of the most vulnerable Californians in the field and in the courtroom. I am thankful for the hard work of our Special Agents during this operation and all our partners who work collaboratively with our regional Human Trafficking and Sexual Predator Apprehension teams throughout the state. When we work together, we get results.”

During the operation, Campbell contacted an undercover HT/SPAT agent to engage in sexual misconduct. It was discovered that Campbell was a registered sex offender, and a search warrant revealed that Campbell had approximately 517 images and 45 videos of child pornography on his iPad and cellphone. Law enforcement also searched Campbell’s cloud storage account, which contained approximately 169 videos of child pornography, including depictions of toddlers and other minors engaged in sexually explicit conduct. On April 9, 2024, Campbell was sentenced to 14 years in federal prison for possession of child pornography. Campbell was subject to an enhanced statutory penalty for possession of child pornography because he had a prior conviction relating to sexual abuse involving a minor.

The mission of the HT/SPAT program is to disrupt and dismantle violent human trafficking and child exploitation organizations through a comprehensive, collaborative, and statewide response. This program is committed to using a victim-centered approach to aggressively investigate, identify, and recover victims of the brutal crime of forced labor and sexual exploitation for profit or gain by human traffickers and sexual predators. The HT/SPAT program works closely with local, state, and federal law enforcement agencies to identify emerging human trafficking trends in order to dismantle domestic and transnational criminal organizations. This program educates communities by providing tools on how to identify human trafficking and works with non-governmental organizations to provide resources and services to victims and survivors.

Updates to COPPA need to go further to protect children’s online data 

OAKLAND — California Attorney General Rob Bonta today, in response to the Federal Trade Comission's (FTC) notice of proposed rulemaking, joined a bipartisan multistate letter to the FTC proposing updates to regulations implementing the Children’s Online Privacy Protection Act (COPPA). In the letter, the attorneys general express support for updates to COPPA and advocate for further clarity and specification for proposed rules.

“The Federal Trade Commission’s proposed rule would strengthen our ability to enforce restrictions on companies selling children’s data and protect consumers who seek to manage what information websites can collect from kids,” said Attorney General Bonta. “Together with a broad bipartisan coalition from across the country, I support this effort and look forward to working collaboratively with the FTC to keep protecting children’s privacy.”

COPPA requires operators of websites and online services that are either directed to children under 13, or that have actual knowledge that they are collecting personal information from children under 13, to provide notice to parents and obtain parental consent before collecting, using, or disclosing personal information from children. 

The proposed rule would update COPPA by:

• Requiring separate “opt-in” consent for targeted advertising: The proposed new rule would require separate notice and parental consent before an operator can disclose children’s information to third parties, including third-party advertisers.
• Clarifying the “mixed audience” category:  There currently is ambiguity about when child-directed websites must provide COPPA protections to all users and when they may screen users for age and only provide COPPA protections to users who self-identify as under 13 years old. The FTC proposes to clarify this distinction by providing a new definition of “mixed audience."
• Adding “biometric identifiers” to the definition of “personal information”: The FTC proposes to expand the definition of “personal information” under COPPA to include biometric identifiers, like fingerprints or handprints, retina and iris patterns, genetic data, or data derived from voice, gait, or facial data.
• Limits on the “support for the internal operations” exception: Operators may currently collect persistent identifiers without first obtaining parental consent under an exception that permits “support for the internal operations of the website or online service.” The FTC proposes adding new requirements and disclosures for operators who rely on this exception.
• New limits on nudging kids to stay online: The FTC proposes adding new limitations on operators’ use of personal information to prompt or encourage children to use their service more.
• COPPA and schools: The FTC seeks to permit schools and school districts to provide consent for the collection, use, and disclosure of children’s personal information, but limit that consent to use for educational rather than commercial purposes.
• Data security, retention, and deletion: The FTC proposes strengthening data security, retention, and deletion requirements. For example, the FTC proposes requiring disclosure of data retention policies, and prohibiting operators from using retained information for any secondary purpose.

In the letter, the attorneys general support proposed updates to the COPPA Rule and respond to certain issues raised by the FTC, including how to define “personal information” as it relates to children and how to obtain parental consent to use children’s personal information in connection with advertising. The letter also advocates for limiting potential exemptions being considered by the FTC and addresses proposals regarding limitations on the use of personal information in ways that could be harmful to children, such as nudging kids to stay online longer.

Attorney General Bonta is committed to protecting children online. In October 2023, Attorney General Bonta co-led a bipartisan coalition of 33 attorneys general in filing a federal lawsuit against Meta Platforms, alleging that Meta, among other things, designed and deployed harmful features on Instagram and Facebook that addict children and teens to their mental and physical detriment. In November 2023, Attorney General Bonta announced the public release of a largely unredacted copy of the federal complaint against Meta. The removal of the redactions provides additional context for the misconduct that the attorneys general allege.

In March 2023, Attorney General Bonta as part of a bipartisan multistate coalition, filed an amicus brief supporting efforts to compel TikTok to produce subpoenaed materials and evidence as part of ongoing nationwide investigations into the company’s role in the growing youth mental health crisis. In December 2023, Attorney General Bonta joined a multistate amicus brief in Murthy v. Missouri supporting the right of the federal government to communicate with social media companies about matters of public concern. In January 2024, Attorney General Rob Bonta, Senator Nancy Skinner, and Assemblymember Buffy Wicks introduced the Protecting Youth from Social Media Addiction Act (SB 976), and the California Children’s Data Privacy Act (AB 1949), landmark legislation seeking to protect youth online.

In submitting today’s letter, Attorney General Bonta is joined by the attorneys general of Oregon, Illinois, Mississippi, Tennessee, Colorado, Connecticut, Massachusetts, New Jersey, North Carolina, Alabama, Alaska, Arizona, Arkansas, Delaware, District of Columbia, Florida, Georgia, Hawaii, Indiana, Kentucky, Maine, Maryland, Michigan, Minnesota, Nebraska, Nevada, New Hampshire, New Mexico, New York, Ohio, Oklahoma, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, South Dakota, Utah, Vermont, U.S. Virgin Islands, Virginia, Washington, and Wisconsin.

A copy of the multistate letter is available here.

OAKLAND – California Attorney General Rob Bonta today joined a bipartisan coalition of 54 states and territories in sending a letter to Congressional leaders calling for the creation of an expert commission to study how artificial intelligence (AI) can and is being used to exploit children through child sexual abuse material (CSAM). The coalition asks that the expert commission propose legislation to protect children from those abuses. As the U.S. Department of Justice notes, “The production of CSAM creates a permanent record of the child’s victimization.”

“Artificial intelligence is ushering extraordinary advances in healthcare and other sectors throughout the world. But it is also a tool that poses risks — risks that we need to tackle head-on. Among other concerns, AI can be used to threaten the safety and well-being of our children. I won’t stand for that,” said Attorney General Bonta. “As a father, and as the People’s Attorney, I’m proud to join this nationwide, bipartisan coalition in calling on Congress to do more to protect our kids. We have zero tolerance for child sexual abuse of any sort.”  

The attorneys general write that:

• AI can be used to exploit children, including by identifying their location and mimicking their voices. For example, with only a short recording of a person’s voice, AI tools can clone the voice and use it to say things the person never actually said. Indeed, scammers have even been able to use AI to aid in fake kidnappings.  
• Most troublingly, AI tools can create “deepfakes” of children. Deepfakes are fake images or videos that seem real. Among other things, AI can be used to study real photographs of abused children and generate new images showing those children in sexual positions, or to overlay photographs of otherwise unvictimized children on the internet with photographs of abused children to create new abusive content involving both children.
• While Congress is aware of the threats posed by AI generally, the safety of children should not fall through the cracks. 

Attorney General Rob Bonta is committed to protecting the safety and well-being of children, and to ensuring that AI tools are responsibly developed and regulated. In August 2023, he announced 22 arrests as part of “Operation Bad Barbie” in Kern County, which targeted adults seeking to sexually exploit children by using undercover agents and detectives posing as minors offering sex for pay on online websites commonly used by victims of sex trafficking. In June 2023, he joined a bipartisan coalition in submitting a comment letter to call for AI transparency and accountability. In June 2021, he formally launched the Human Trafficking and Sexual Predator Apprehension Teams (HT/SPAT) within the California Department of Justice to take action against human trafficking.

In sending today’s letter to Congressional leaders, Attorney General Bonta joins the attorneys general of Alabama, Alaska, Arizona, Arkansas, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia. Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Northern Mariana Islands, Ohio, Oklahoma, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virgin Islands, Virginia, Washington, West Virginia, Wisconsin, and Wyoming.

A copy of the letter is available here.

OAKLAND – California Attorney General Rob Bonta today issued a statement urging the Chino Valley Unified School District (CVUSD) to prioritize protecting student privacy. In an urgent letter sent to Superintendent Norman Enfield and the Board of Education, Attorney General Bonta expressed serious concern over the proposed Parental Notification policy, emphasizing the potential infringements on students' privacy rights and educational opportunities. The Attorney General's office is committed to protecting the rights and well-being of students in California schools.

"The protection of every student’s privacy and safety is of utmost importance, and that includes protecting their right to choose when, how, and with whom they share their gender identity. That is a personal decision for them, and them alone,” said Attorney General Bonta. “By allowing for the disclosure of a student’s gender identity without their consent, Chino Valley Unified School District’s suggested Parental Notification policy would strip them of their freedom, violate their autonomy, and potentially put them in a harmful situation. Our schools should be protecting the rights of all students, especially those who are most vulnerable, and should be safeguarding students’ rights to fully participate in all educational and extracurricular opportunities. I strongly encourage CVUSD to prioritize the rights and privacy of all their students.” 

The proposed policy is up for consideration tonight at the CVUSD Board of Education meeting. If approved, it would require schools to inform parents, without exception, if a student wants to use a name or pronoun different from what's on their birth certificate or official records. It would also require notification if a student wants to use facilities or participate in programs that don't match their gender on official records or if a student wants to change any information in their school records.

In the letter, Attorney General Bonta calls on CVUSD to fulfill its weighty responsibility as educators to create an inclusive and safe environment for all students. Additionally, the letter underlines that decisions about gender identity are deeply personal and should be handled with sensitivity, allowing students to make their own choices regarding when and how to disclose their identities to their parents. Furthermore, this proposed mandate demonstrates a reckless disregard for the real-world dangers some children may face at home. Any child harmed following such a mandatory parental notification could lead to potential liability for the school district. 

A copy of the letter can be found here.

The Los Angeles County Probation Department’s non-compliance with stipulated judgment—which includes failing to improve conditions and provide adequate staffing—endangers youth 

OAKLAND – California Attorney General Rob Bonta announced today that the California Department of Justice (DOJ) has filed a motion to enforce specific provisions of the 2021 stipulated judgment requiring Los Angeles County to remedy illegal and unsafe conditions of confinement at its two juvenile halls. DOJ seeks an order that the county complies with the judgment, submits periodic status reports on efforts towards compliance, and, should it fail to come into compliance within 120 days, face possible sanctions. The judgment mandates specific improvements at the county’s juvenile halls — including the maintenance of adequate staffing levels and the consistent and timely transport of youth to school. After over two years, the county has failed to voluntarily comply with the terms of the judgment. Due to the county’s non-compliance, staff routinely fail to transport youth to school or to critical medical appointments, and youth are frequently deprived of their right to time outdoors.    

“The conditions within the juvenile detention centers in Los Angeles County are appalling. Every child in our state is entitled to a safe, homelike environment,” said Attorney General Bonta. “For justice-involved youth in particular, it is imperative that our institutions give them every opportunity for rehabilitation, growth, and healing. We are responsible for protecting justice-involved youth and ensuring they receive educational, health, and supportive services necessary to stop the cycle of incarceration.”

Due in part to a staffing crisis plaguing the juvenile halls, the county has not just failed to make forward progress towards compliance with the judgment: It has actually regressed away from complying with the most basic and fundamental provisions that ensure youth and staff safety and well-being. Recently, public reports have revealed that illicit narcotic substances such as fentanyl have entered the halls, requiring the use of Narcan on two youths. And as a result of low staffing levels, youth have been forced to urinate and defecate in their cells overnight. So critical is the staffing situation at the juvenile halls that the county's probation department regularly requires staff to work more than 24-hour-long shifts and also has relied on temporarily reassigned field officers who are not trained to work with youth — all of which threatens youth safety and well-being.

The enforcement motion filed today seeks to enforce judgment provisions requiring Los Angeles County to:

• Provide timely transport of youth from their units in the juvenile halls to school daily;
• Deliver compensatory education services to youth who are entitled to those services;
• Ensure that youth have access to daily outdoor recreation;
• Timely and accurately document and review all use-of-force incidents, following procedures outlined in the judgment;
• Install video cameras throughout Barry J. Nidorf juvenile hall; and
• Implement a positive behavior management plan.

The Department of Justice hopes that Los Angeles County will act with urgency to come into full compliance before it becomes necessary for the court to take action.

Attorney General Bonta is committed to protecting the rights of youth in California and across the country. The Attorney General encourages those with information regarding suspected practices violating state or federal law involving children to report them to the DOJ’s Bureau of Children’s Justice through the online complaint form located at https://oag.ca.gov/bcj/complaint.

A copy of the motion to enforce the judgment can be found here.

SAN FRANCISCO – Attorney General Kamala D. Harris today announced that the California Department of Justice’s Bureau of Children’s Justice (BCJ), the California Department of Education (CDE), and the California Department of Social Services (CDSS) have jointly developed statewide guidelines for school districts, county offices of education, and child welfare agencies to better assist them in the secure sharing of data and information that is critical to the success of students in foster care.

“Too many foster children in California are falling through the cracks, not meeting their full potential, and ending up in the criminal justice system. Schools and child welfare agencies must communicate effectively in order to provide children the services they need,” said Attorney General Harris. “This collaborative effort between the Bureau of Children’s Justice and the California Departments of Education and Social Services is a positive step toward improving the ways we support vulnerable children, particularly foster youth.”

Under the law, foster youth are entitled to a range of services, including enhanced academic counseling regarding graduation eligibility requirements and mental health counseling.  But many eligible youth are not receiving the services they need because schools don’t know which students should be receiving additional support.  This guidance makes clear that schools and child welfare agencies can share information to keep children on track.

The guidance will help local educational and county welfare agencies by providing clarity on the scope of information which can be shared under the law, including critical information that school districts, local county offices of education, and caregivers need to identify and coordinate supports and services for foster youth.  In addition to providing clarity on the state of the law, the guidance encourages local educational and child welfare agencies to collaborate with each other to create joint data systems for the continued sharing of information regarding foster youth between and within their respective agencies.

“Providing clear statewide guidance is vital for strengthening the relationship between foster children, caregivers and educators,” said Will Lightbourne, Director of the California Department of Social Services. “This allows the focus to shift away from administrative hurdles and directly to the educational needs of each foster child.”

"Foster youth are some of our most vulnerable students," said Superintendent of Public Instruction Tom Torlakson.  "I believe this will help better serve their needs. At the California Department of Education, we know that better data collection can help students and shed light on ways to improve our services to them.”

“I deeply appreciate the joint effort by the state social services and education agencies, and the Bureau of Children's Justice, to create this guidance,” said Martha Matthews, Directing Attorney of the Children's Rights Project at Public Counsel. “It will help school districts and county child welfare agencies here in Los Angeles County and statewide to share information and work together to support foster youths' educational success, while respecting their dignity and privacy.”

“The only way we can significantly improve education outcomes for children in foster care is through strong collaboration between schools and child welfare agencies, and that can only occur when they have the ability to share essential information,” said Molly Dunn, Senior Policy Attorney at Alliance for Children’s Justice.  “The joint guidance cuts through a labyrinth of federal and state laws to provide a clear path for the communication and collaboration necessary between agencies to support the education success of children in foster care.”

“The release of this guidance is huge step forward in California's efforts to close the achievement gap for students in foster care. It answers important questions about what data may and must be shared, who should be permitted to see what information and for what purpose,” said Michelle Francois Traiman, Director of FosterEd at the National Center for Youth Law. “Effective, thoughtful sharing of information across systems is critical to ensuring that the adults that are charged to support young people collaborate meaningfully, work as a team, and put the needs of each young person at the forefront of their practices and policies so they can succeed in school.”

In February 2015, Attorney General Harris formed the Bureau of Children’s Justice, a unit within the California Department of Justice that works to support and protect children and ensure they are on track to meet their full potential. The Bureau works to enforce California’s civil and criminal laws with respect to California’s foster care, adoption, and juvenile justice systems; discrimination and inequities in education; California’s elementary school truancy crisis; human trafficking of vulnerable youth; and childhood trauma and exposure to violence.

Earlier this year, the Bureau made public its active civil rights investigations on issues related to juvenile justice, the child welfare system, and education across the state.  More information is available at http://oag.ca.gov/bcj/investigations.

Attorney General Harris’s office is leading the California Defending Childhood State Policy Initiative—a collaboration of state agencies including CDE and CDSS—in its work to address the impacts of violence and trauma on children across the state, including enhancing the secure sharing of data to inform supports and services. Under Attorney General Harris’s leadership, California was one of three states nationwide selected by the U.S. Department of Justice to be a part of its national Defending Childhood Initiative.

Attorney General Harris has pioneered the use of data to inform public policy and pushed for greater transparency and more effective collaboration and data-sharing between state agencies in order to better serve the public. She announced OpenJustice, a first-of-its-kind open data criminal justice initiative, in September 2015.  Since its launch, OpenJustice has published additional analysis and plans to release new juvenile justice data in the coming weeks.  Her office also is collaborating with the Children’s Data Network at the University of Southern California to link the administrative records of youth involved in the justice system in order to better understand their early experiences, trajectories through systems, and factors that may increase the of risk involvement, all with an eye toward preventing involvement altogether.

SACRAMENTO – Attorney General Kamala D. Harris today announced her support for Senate Bill 1143, legislation authored by Senator Mark Leno (D-San Francisco) that would significantly limit the practice of isolating juveniles in room confinement. 

“Subjecting young people to prolonged periods of isolated confinement is cruel, inhumane and counterproductive to rehabilitation. This unnecessary and punitive practice undermines the goal of helping this vulnerable young population become healthy and productive members of our society.  Through this legislation and other reforms, California will lead the nation in providing standards that improve the safety and welfare of both youth and staff at juvenile facilities,” said Attorney General Harris. “I applaud Senator Leno for his leadership on this issue.  I am proud to support common-sense, ‘smart on crime’ legislation that helps those currently and formerly incarcerated overcome obstacles to get their lives back on track, and meet their full potential. ”

SB 1143 would restrict the use of juvenile room confinement in facilities throughout the state. SB 1143 would limit the amount of time a minor may be placed in a locked sleeping room or cell without contact from others, aside from attorneys or facility staff. The bill expressly bans punitive, coercive, retaliatory confinement, as well as confinement used purely for convenience. It also expressly states that confinement shall not be used to the extent that the mental and physical health of the minor would be compromised. The bill then sets reasonable baselines for how long a minor may be confined prior to steps being taken to reintegrate them into the general population.

“The extensive support of SB 1143 is a testament to the harmful effects of prolonged confinement and isolation on the troubled youth in our care,” said Senator Leno. “This bill will help ensure detained young people receive the rehabilitative opportunities they need to safely reintegrate into the community. I am grateful for Attorney General Harris’s commitment to protecting vulnerable children in our state.”

Attorney General Harris created the Bureau of Children’s Justice in 2015, a first-of-its-kind bureau within the California Department of Justice to enforce children’s civil rights in education, foster care, and juvenile justice; hold those who prey on children accountable; and work with policymakers to craft and implement policies that improve outcomes for children.

In this legislative session, Attorney General Harris’s Bureau of Children’s Justice (BCJ) is also supporting a range of bills that would support foster youth and other at-risk and high-needs children. Along with SB 1143, BCJ supports the following bills related to children and youth:

• AB 1067 (Assemblymember Mike Gipson, D-Carson)

Requires the Department of Social Services (DSS) to convene a working group to make recommendations for the Foster Youth Bill of Rights.

• AB 1580 (Assemblymembers Mike Gatto, D-Glendale and Jacqui Irwin, D-Thousand Oaks)

Creates a process for the placement or removal of a security freeze for a protected consumer, a particularly helpful tool for vulnerable children such as foster youth who have an increased risk of identity theft.

• AB 1840 (Assemblymember Mike Gipson, D-Carson)

Requires that state agencies give preference to homeless youth and formerly incarcerated youth when hiring interns and student assistants.

• AB 1843 (Assemblymember Mark Stone, D-Scotts Valley)

Protects young people from being subjected to inquiry during the hiring process about arrests or detentions that did not lead to juvenile adjudications, arrests for which juveniles have completed probation programs, or records that a court has either ordered sealed or have been sealed automatically.

• AB 2390 (Assemblymember Cheryl Brown, D-San Bernardino)

Provides a legislative fix to 2010 legislation that inadvertently removed a mechanism for juvenile offenders with good records on supervised probation to obtain honorable discharge status.

• AB 2815 (Assemblymember Patrick O’Donnell, D-Long Beach)

Promotes a culture of attendance by giving district attendance supervisors new ways to address the root causes of chronic school absenteeism.

• SB 884 (Senator Jim Beall, D-San Jose)

Requires school districts, special education local plan areas, and the California Department of Education to document the mental health and special education services and funding provided to special education students, including data to monitor their effectiveness.

• SB 1466 (Senator Holly Mitchell, D-Los Angeles)

Requires screening services under the children’s Medi-Cal Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) program to include screening for trauma.

Attorney General Harris has a longstanding commitment to protecting and supporting children, holding accountable those who exploit or harm children, and pursuing innovative legal and policy solutions to combat crime by investing in children from a young age.

In addition to launching the Bureau of Children’s Justice in 2015, under Attorney General Harris’s leadership, the California Department of Justice was one of just three state agencies accepted by the U.S. Department of Justice to be part of its national Defending Childhood State Policy Initiative. Led by the Office of the Attorney General, the California Defending Childhood State Policy Initiative brings together a cross-sector team of state agency leaders to develop shared priorities to prevent and address children’s exposure to violence.

Attorney General Harris served two terms as District Attorney of San Francisco, where she created a child sexual assault unit. She also led the San Francisco City Attorney’s Division on Children and Families and specialized in prosecuting child sexual assault cases at the Alameda County District Attorney’s Office.

LOS ANGELES - Today, Attorney General Kamala D. Harris joined Washington Attorney General Robert W. Ferguson in filing a friend-of-the-court brief with the Ninth Circuit Court of Appeals in the case J.E.F.M v, Lynch, to ensure that every unaccompanied minor placed in immigration proceedings is guaranteed a right to counsel.

“Children are some of the most vulnerable members of our society. A child forced to navigate our complicated immigration system should be provided with due process,” said Attorney General Harris. “For these children, adequate legal representation can mean the difference between life and death. We must live up to our nation’s principles of justice, equality, and fairness, and guarantee the right to due process for children seeking safety within our borders.”

The brief argues that children are unfairly hindered by age and lack the personal and financial resources to navigate the federal immigration laws and represent themselves in adversarial removal proceedings. Given the complex nature of immigration proceedings, failure to secure counsel can effectively deny an unaccompanied minor her day in court.

According to the American Bar Association (ABA), which issued a report in July 2015 on this issue, “[t]hese children, many of whom entered the United States during the unprecedented ‘surge’ in 2014, are now facing adversarial removal proceedings opposed by experienced government attorneys, with only about 32% represented by counsel.” The ABA also emphasizes that it is extremely unlikely for an unrepresented child to prevail in immigration court without representation, citing a study which found that children represented by an attorney have a 73% success rate in immigration court, compared to only 15% among unrepresented children.

Facing deportation without adequate legal representation can easily condemn a defenseless child to prolonged detention or forced return to a dangerous country. In fact, as the brief acknowledges: “At least eighty-three deportees from the U.S. have been reported murdered upon their return to Central America since January 2014. One teenager was murdered in 2004 only seventeen days after being deported.” Such grave consequences weigh heavily in favor of mandating government-appointed counsel in cases such as these.

In 2014, tens of thousands of children fled violence and poverty in Mexico and Central America in pursuit of a better life in the United States. In response to the crisis, Attorney General Harris secured millions of dollars and over 10,000 hours in pro bono work to close the legal services gap for unaccompanied children across California. She later supported legislation signed by Governor Brown that allocated $3 million to qualified non-profits to provide legal services for unaccompanied minors. In May 2015, Kids in Need of Defense’s (KIND) awarded Attorney General Harris with the 2015 Vision Award for her work to ensure that unaccompanied minors fleeing violence and entering the U.S. are provided legal representation in immigration proceedings.

Since 2014, Attorney General Harris has convened several roundtables with immigrant rights’ advocates, legal service providers, major international law firms, and other stakeholders to discuss the ongoing need for resources and legal aid for children fleeing violence and seeking refuge in the United States. The most recent convening took place in Los Angeles in December 2015 to discuss the ongoing struggle to meet the legal and social service needs of unaccompanied children and families in California, and across the U.S.

In February 2015, Attorney General Harris created the Bureau of Children’s Justice to enforce criminal and civil laws to hold those who prey on children accountable; work with local, state, and national stakeholders to increase support for vulnerable children; and identify and pursue improvements to policies impacting children.  One of the Bureau’s core priorities is human trafficking of vulnerable youth, including foster children.