Children's Rights

Ahead of Labor Day, Attorney General Bonta Issues Labor Trafficking Consumer Alert

August 29, 2024
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

Alert includes resources for wage theft and worker misclassification

OAKLAND — Ahead of Labor Day, Attorney General Rob Bonta issued a consumer alert, warning California workers to be on the lookout for employers who abuse their power and engage in labor trafficking, wage theft, and worker misclassification. Labor trafficking is a crime where perpetrators target vulnerable communities for the purpose of profiting from the control and exploitation of vulnerable individuals for labor through force, fraud, duress, or coercion.

"Labor trafficking is a crime that involves forcing or coercing people to perform labor or services. This Labor Day, and all days, I urge Californians — especially those in domestic service, and the agricultural, hospitality, and construction fields — to be aware of the signs of labor trafficking and speak up if you or someone you know is being exploited at work," said Attorney General Bonta. "Californians of all legal statuses must be treated with dignity on the job — California law generally prohibits law enforcement authorities from asking individuals, including those who are reporting or are victims of potential crimes, about their immigration status. As the People's Attorney, I am proud to use the full weight of my office to protect our most vulnerable workers from abuse and exploitation."

Labor Trafficking

Labor trafficking involves the deprivation of a worker’s liberty, with the intention of obtaining forced labor. It can include the recruitment, harboring, or transportation of people for labor services, through the use of force, fraud, duress, or coercion. People who experience labor trafficking receive little or no pay for their work. Traffickers can use coercive tactics such as destroying or withholding legal documents to prevent workers from leaving and can force people to work claiming a worker owes a debt to the trafficker. 

Labor trafficking can occur in homes and workplaces and arises in many fields of work, including domestic service, restaurant work, janitorial work, factory work, migrant agricultural work, the cannabis industry, and construction.  One in five people who experience labor trafficking work in private homes, which is why their trafficking often goes undetected.

Labor trafficking is often perpetrated by traffickers who are of the same cultural origin and ethnicity as the people who are trafficked, which can allow traffickers to use class hierarchy and cultural power to ensure compliance. Traffickers are known to tell workers that they will not be believed if they go to the authorities, that they will be deported from the United States, and that they have nowhere to run. Traffickers isolate workers and teach workers to trust no one but the traffickers, so workers are often suspicious of genuine offers to help. Trafficked workers often are required to live in unsanitary and overcrowded living and working conditions.  Detecting labor trafficking can be challenging. For a list of potential indicators of labor trafficking to help you recognize the signs, please visit here.

If you or someone you know is being forced to engage in any activity and cannot leave — whether it is commercial sex, domestic service, farm work, construction, factory, retail, or restaurant work, or more — you can call the National Human Trafficking Hotline at 1-888-373-7888 to access help and services. If you or someone else is in immediate danger, call 9-1-1.

It is important to remember that California law prohibits law enforcement authorities from asking individuals, including those who are reporting or who experience crimes, about their immigration status unless the information is necessary to certify the victim for a U visa (victim of crime visa) or T visa (victim of human trafficking visa).

If you need help, you can reach out to the California Department of Justice's Victims' Services Unit by callling 1-877-433-9069, visiting oag.ca.gov/victimservices, or emailing VictimServices@doj.ca.gov. Additional support may be found through local authorities and various organizations, including: 

National Human Trafficking Hotline

The Victims of Crime Resource Center

Additional Resources

Resources such as emergency food and shelter, legal services, and health services can be found on your city or county websites. For those who have experienced a violent crime, the California Victim Compensation Board can help cover related bills and expenses.

Wage Theft

Wage theft occurs when an employer does not pay workers’ wages for what they are owed. Historically, wage theft and other crimes against workers have not been prosecuted and instead were treated as civil matters with enforcement by labor departments. However, intentionally withholding wages from workers is a crime. When this occurs, an employer often denies workers fundamental legal rights such as fair compensation, breaks, and overtime pay. From 2014 to 2023, California workers lost an average of $2.3 to $4.6 billion from not being paid the minimum wage. Workers with the greatest chance of experiencing wage theft include garment workers, maintenance workers, restaurant workers, domestic workers, care home workers, construction or day laborers, car wash workers, and other low-wage workers.

Common examples of wage theft include:

  • Being paid less than minimum wage per hour
  • Not being allowed to take meal breaks, rest breaks, and/or preventative cool-down breaks
  • Not receiving agreed-upon wages (this includes overtime on commissions, piece rate, and regular wages)
  • Owners or managers taking tips
  • Not accruing or not allowed to use paid sick leave
  • Failing to be reimbursed for business expenses
  • Not being paid promised vacations or bonuses
  • Having unauthorized deductions from paycheck
  • Not being paid split shift premiums
  • Bounced paychecks
  • Not receiving final wages in a timely manner
  • Not receiving Reporting Time Pay
  • Unauthorized deductions from your pay
  • Failure to provide timely access to personnel files and payroll records

If you have experienced wage theft you can report to law enforcement and file an online wage claim with the Labor Commissioner's Office here. If you need advocate assistance with your wage claim, please refer to the following list of community organizations.

Misclassification

Misclassification of workers occurs when an employer improperly classifies their employees as independent contractors so that they do not have to pay payroll taxes, minimum wage or overtime, or comply with other wage and hour law requirements such as providing meal periods and rest breaks. “Employees,” unlike “independent contractors,” are entitled to a wide range of rights, benefits, and protections under California law, including workers’ compensation coverage if injured on the job, the right to family leave, unemployment insurance, the legal right to organize or join a union, and protection against employer retaliation.

To report the misclassification of an employee as an independent contractor, please visit the Labor Commissioner's Office here.

Attorney General Bonta is committed to defending workers' rights and investigating and prosecuting labor trafficking and wage theft. Through the Civil Rights Enforcement Section, the Worker Rights and Fair Labor Section, and the Antitrust Law Section, Attorney General Bonta enforces California’s laws to protect the welfare of California workers and legitimate businesses operating in California.

In June 2022, Attorney General Bonta announced the guilty verdicts of three members of the Gamos Family for human trafficking and labor-related charges, as well as a guilty plea by the fourth member of the family. The four individuals committed these crimes while operating Rainbow Bright, an adult residential and childcare company in the Bay Area. The defendants targeted members of the Filipino community, many of whom were recent immigrants to the United States, for human trafficking and wage theft. The defendants trafficked many of the victims using threats of arrest and deportation, and false promises to assist with immigration. In February 2023, Attorney General Bonta announced the prison sentences for three members of the Gamos Family.

To learn more about labor trafficking, please visit here

 

California Department of Justice Releases Report on Officer-Involved Shooting of John Alaniz

July 9, 2024
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

OAKLAND – California Attorney General Rob Bonta, pursuant to Assembly Bill 1506 (AB 1506), today released a report on John Alaniz’s death from an officer-involved shooting in Paramount, California, on May 4, 2022. The incident involved officers from the California Highway Patrol. The report is part of the California Department of Justice's (DOJ) ongoing efforts to provide transparency and accountability in law enforcement practices. The report provides a detailed analysis of the incident and outlines DOJ's findings. After a thorough investigation, DOJ concluded that criminal charges were not appropriate in this case.

 “AB 1506 is a critical transparency and accountability tool in our efforts to advance a safer California for all,” said Attorney General Bonta. “Loss of life is always a tragedy. We acknowledge that this incident posed challenges for all parties involved, including Mr. Alaniz’s family, law enforcement, and the community. The California Department of Justice remains steadfast in our commitment to working together with all law enforcement partners to ensure an unbiased, transparent, and accountable legal system for every resident of California.”  

On May 4, 2022, California Highway Patrol Officers responded to a report of a male running into traffic in the westbound lanes of 105 Freeway. Upon arrival, the officers were confronted by Mr. Alaniz, who charged in their direction while pointing what appeared to be a firearm at them. He was fatally shot by officers. 

Under AB 1506, which requires DOJ to investigate all incidents of officer-involved shootings resulting in the death of an unarmed civilian in the state, DOJ conducted a thorough investigation into this incident and concluded that the evidence does not show, beyond a reasonable doubt, that the officer involved acted without the intent to defend himself and others from what he reasonably believed to be imminent death or serious bodily injury. Therefore, there is insufficient evidence to support a criminal prosecution of the officer. As such, no further action will be taken in this case. 

As part of its investigation, the DOJ has identified several policy recommendations that it believes will help prevent similar incidents from occurring in the future. These recommendations include:  

1. EFFECTIVE COMMUNICATION REGARDING ELECTRONIC CONTROL DEVICE DEPLOYMENT

CHP’s Electronic Control Device policy states, “When feasible, prior to discharging an ECD, the uniformed employee should announce an ECD is going to be discharged.” This requirement helps to potentially prevent sympathetic fire from the other officers who hear the deployment of an ECD and CHP should evaluate whether the responding officers, at the time of the incident, properly followed policies, processes, and procedures, and had taken relevant trainings related to ECDs, or whether additional revisions to those policies, processes, procedures, and training are necessary, particularly as to the circumstances that would make an announcement feasible. 

2. BODY-WORN CAMERAS (BWC)

As of the date of this report, CHP does not equip all of its officers with BWCs. While CHP patrol vehicles do have a Wireless Mobile Video/Audio Recording System (WMVARS), the WMVARS do not always capture incidents in their entirety, as is the case here. The interaction with Mr. Alaniz did not occur directly in front of a CHP patrol vehicle’s WMVARS, which limited the ability to assess the incident fully. It is recommended that all CHP Officers be equipped with BWC because it would promote public transparency and accountability, and, in the long run, improve CHP’s policies, procedures, and tactics.

3. RADIO CHANNEL EQUIPMENT, POLICY, AND TRAINING

More effective radio communication between officers from different CHP Areas would allow for better preparation and improved public safety and officer safety when responding to incidents that take place in bordering zones.

4. USE OF FORCE POLICY:

It is recommended that CHP update any trainings that conflate the Graham v. Connor standard with the current deadly force standard under California Penal Code section 835a.

5. POSTING POLICIES ON THE CHP WEBSITE

DOJ first recommended that CHP post these materials onto its website in our May 24, 2023 report on the shooting death of Leonel Chavez. While we acknowledge that CHP is not required to comply with this law, in light of the goal of law enforcement agencies being more transparent with the community they serve and the need for state-level agencies to lead by example, the DOJ reiterates its recommendation that CHP demonstrate leadership by updating its website to include all current standards, policies, practices, operating procedures, and education and training materials. 

A copy of the report can be found here.  

 

Attorney General Bonta, L.A. City Attorney Feldstein Soto, Announce $500,000 Settlement with Tilting Point Media for Illegally Collecting and Sharing Children’s Data

June 18, 2024
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

Another important action to protect kids’ online data

OAKLAND — California Attorney General Rob Bonta, along with Los Angeles City Attorney Hydee Feldstein Soto, announced a $500,000 settlement with Tilting Point Media LLC (Tilting Point) resolving allegations that the company violated the California Consumer Privacy Act (CCPA) and the federal Children’s Online Privacy Protection Act (COPPA) by collecting and sharing children’s data without parental consent in their popular mobile app game “SpongeBob: Krusty Cook-Off.” In addition to $500,000 in civil penalties, Tilting Point must comply with injunctive terms ensuring legal data collection and disclosure, including obtaining parental consent and diligence in configuring third-party software in their mobile games.

“Businesses have a legal obligation to protect kids’ data and to comply with important state and federal privacy laws designed to protect children online. Failing to do this puts our kids at risk, leaving them vulnerable to having their personal data collected, tracked, and sold,” said Attorney General Bonta. “As children spend an increasing amount of time online, both on websites and using mobile apps, we will use every enforcement tool to ensure compliance with the law and that companies exercise diligence with privacy law requirements. I thank the Los Angeles City Attorney’s Office for their work on this issue and look forward to continuing to work collaboratively with local, state, and federal partners to protect children’s privacy.”

“The “SpongeBob: Krusty Cook-Off” game is based on some of the most beloved and recognizable characters in children’s entertainment. Tilting Point Media is alleged to have collected and shared its young players' personal data, violating consumer privacy laws and industry guidelines,” said Hydee Feldstein Soto, Los Angeles City Attorney. “Protecting our children has been a top priority for my administration. I am proud to partner with Attorney General Bonta to protect children throughout our State and am grateful to the lawyers in the Public Rights Branch in my office for initiating this action to stop data harvesting of minors.” 

“SpongeBob: Krusty Cook-Off” (SpongeBob) is a popular cooking simulation game that includes both targeted advertising and in-app purchases and is directed to children under the age of 13 as well as targeted to older teens and adults. The app was first investigated by the Children’s Advertising Review Unit (CARU), a division of the Better Business Bureau National Programs that investigates potential deceptive or inappropriate data collection from children online. CARU found that the privacy and advertising practices of the SpongeBob app failed to comply with COPPA and CARU’s industry guidelines. Although Tilting Point took some corrective action, a joint investigation by the California Department of Justice and Los Angeles City Attorney’s Office found that Tilting Point was in violation of the CCPA and COPPA in connection with how the mobile app handled children’s data. Tilting Point’s age screen did not ask age in a neutral manner, meaning children were not encouraged to enter their age correctly to be directed to a child-version of the game. Additionally, Tilting Point inadvertently misconfigured third-party software development kits (SDKs), resulting in the collection and sale of kids’ data without parental consent.

In addition to paying $500,000 in civil penalties, Tilting Point media must comply with strong injunctive terms. Tilting Point must:

  • Comply with the CCPA and COPPA related to children’s data in the SpongeBob game and all of its games directed to children.
  • Not sell or share the personal information of consumers less than 13 years old without parental consent, and not sell or share the personal information of consumers at least 13 and less than 16 years old without the consumer’s affirmative “opt-in” consent.
  • In instances where Tilting Point sells or shares the personal information of children, provide a just-in-time notice explaining what information is collected, the purpose, if the information will be sold or shared, and link to the privacy policy explaining the parental or opt-in consent required.
  • Use only neutral age screens that encourage children to enter their age accurately.
  • Appropriately configure third-party SDKs to comply with legal requirements related to children’s data.
  • Implement and maintain a SDK governance framework to review the use and configuration of SDKs within its apps.
  • Comply with laws and best practices related to advertising to minors, and minimize data collection and use from children.
  • Implement and maintain a program to assess and monitor its compliance with the judgment, including annual reports to the California Department of Justice and Los Angeles City Attorney’s Office.

COPPA AND CCPA

COPPA is a federal law that 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 CCPA is a landmark state law that secures increased privacy rights for California consumers, including the right to know how businesses collect, share, and disclose their personal information and the right to opt-out of the sale or sharing of their personal information. The CCPA imposes on businesses specific responsibilities related to children’s data, including requiring parental consent before selling or sharing personal information from children under 13 years old, and obtaining the consumer’s affirmative opt-in consent for users at least 13 and under 16 years old.  

Attorney General Bonta is committed to enforcing both COPPA and the CCPA to improve children's online safety. Today's settlement represents Attorney General Bonta's third enforcement action under the CCPA, and his continued priority to protect children online:

  • In March, Attorney General Bonta joined a bipartisan multistate letter to the Federal Trade Commission proposing updates to regulations implementing COPPA and advocating for further clarity and specification for proposed rules. 
  • In February, Attorney General Bonta announced a settlement with DoorDash, resolving allegations that the company violated the CCPA and COPPA, by selling California customers’ personal information without providing notice or an opportunity to opt out of that sale. 
  • In January, Attorney General Bonta, Assemblymember Buffy Wicks, and Senator Nancy Skinner introduced the California Children’s Data Privacy Act (AB 1949), and the Protecting Our Kids from Social Media Addiction Act (SB 976), landmark legislation seeking to protect youth online. These two bills would, respectively, limit the harms associated with social media addiction and provide more robust protections for kids’ data privacy.
  • In October 2023, Attorney General Bonta co-led a bipartisan coalition of 33 attorneys general in filing a federal lawsuit against Meta Platforms, alleging among other things, that Meta designed and deployed harmful features on Instagram and Facebook that addict children and teens to their mental and physical detriment. The lawsuit alleges that Meta violated federal and state laws, including COPPA, California's False Advertising Law, and California’s Unfair Competition Law.
  • In 2022, Attorney General Bonta announced a settlement with Sephora, resolving allegations that the company violated the CCPA by failing to disclose to consumers that it was selling their personal information, and failing to process user requests to opt out of these sales. 

A copy of the complaint and the final judgment can be found here and here.

Attorney General Bonta Announces Stipulated Judgment with the Redlands Unified School District to Implement Wide-Ranging Reforms, Strengthen Response to Complaints of Sexual Assault, Abuse, and Harassment

May 29, 2024
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

OAKLAND – California Attorney General Rob Bonta today announced that the California Department of Justice (DOJ) has entered into a proposed stipulated judgment with the Redlands Unified School District (District) to address critical and systemic shortfalls in the District's policies and practices regarding their response to allegations and complaints of sexual harassment, assault, and abuse of students. The stipulated judgment is the result of a comprehensive civil rights investigation into the District’s handling of these complaints. The investigation followed concerning reports raised in a number of high-profile cases involving sexual abuse of minor students by the District’s personnel, several of whom have been convicted of related offenses.  

DOJ’s investigation found that the District systemically violated laws in place to protect against and address complaints related to sexual assault, harassment, and abuse, including Title IX, the Child Abuse and Neglect and Reporting Act (CANRA), and provisions of the California Education Code. As part of the stipulated judgment, the District is permanently enjoined against violation of these laws, is subject to a minimum of five years of oversight by the court and Attorney General and is required to undertake wide-ranging reforms to ensure that the District responds in a legally adequate manner to promptly prevent, stop, and remedy sexual harassment, assault, or abuse on its campuses. 

“As a parent, and as Attorney General, protecting our kids is my most important job,” said Attorney General Bonta. “It is absolutely unacceptable that any child should be put at risk of sexual harassment or abuse while at school, where they should be free to learn and grow in a safe and supportive environment. California law guarantees each and every child the right to a public education free from sexual harassment, assault, and abuse, and today's stipulated judgment holds Redlands Unified accountable for failing to abide by the laws in place to protect our kids. We are committed to working with Redlands Unified as they take these crucial and necessary steps to expediently institute wide-ranging reforms to better protect students. At the California Department of Justice, we're committed to protecting all Californians, especially our most vulnerable, from sexual harassment, assault, and abuse."  

“The Redlands Unified School District commends the Department of Justice for their thorough review and collaborative efforts in finalizing this agreement,” said Juan Cabral, Redlands Unified School District Superintendent. “The District is fully committed to complying with the terms of the judgment. We take the findings seriously and are dedicated to making necessary improvements to ensure a safe and equitable learning environment for all students and staff as this continues to be our number one priority. We are actively working with the Department of Justice to implement the agreed-upon measures, as well as continue the many safety practices the District implemented prior to this agreement. We are optimistic about the positive changes these efforts will bring to our students, staff and community.”

The settlement is the result of a DOJ investigation, which was expanded in October 2022, to determine whether the District’s policies and practices follow laws that protect students from sexual assault, harassment, and abuse. DOJ found systemic deficiencies in the District’s efforts to prevent and respond to notice and allegations of sexual harassment, assault, and abuse of students participating in its educational programs and activities.

Specifically, that the District has failed to follow laws and regulations that require it to:

  • Designate, provide appropriate oversight authority to, and train a compliance coordinator and/or Title IX Coordinator responsible for ensuring the District’s compliance with laws and regulations related to preventing and responding to notice and allegations of sexual harassment, assault, and abuse of students, and ensure that the Title IX Coordinator and/or compliance coordinator carries out their duties.
  • Respond in a legally adequate manner to notice or allegations of sexual harassment, assault, and abuse of students.
  • Promulgate legally adequate procedures and policies governing the District’s response to notice and allegations of sexual harassment, assault, and abuse of students.
  • Properly disseminate and post its notice of nondiscrimination and written policy on sexual harassment.

To address the systemic concerns, DOJ and the District worked cooperatively on an extensive five-year plan memorialized in a stipulated judgment that enjoins the District from violating any law or regulation and requires the District to, among other things:

  • Hire, train, and provide appropriate oversight authority to an Assistant Superintendent of Compliance and Sexual Harassment Prevention to investigate and resolve complaints and establish prevention systems.
  • Develop an electronic centralized tracking and response system/database for all oral and written reports and complaints of sexual harassment, abuse, and assault, including those submitted anonymously. 
  • Provide DOJ all oral and written complaints regarding sexual harassment, assault, and abuse and the District’s responses to all oral and written complaints for DOJ to review to ensure legal compliance.
  • Revise policies and procedures for responding to notice or complaints of sexual harassment, assault, or abuse to comply with law and regulation.
  • Provide compensatory education and mental health services to victims.
  • Provide age-appropriate annual training to students and parents on how to report sexual assault, harassment, and abuse and their right to a prompt and effective response and a discrimination-free school environment.
  • Provide annual training to staff and investigators regarding their duties to address reports of sexual assault, harassment, and abuse. 
  • Provide an anonymous Climate Survey at the end of each academic semester to assess students’ experiences with sexual harassment, assault, and abuse and use the results to further strengthen prevention and response.
  • Establish a School Climate Advisory Committee that will study the District’s efforts to prevent and respond to sexual harassment, abuse, and assault and make recommendations to the District for improving those efforts.
  • Provide timely proof of compliance with all provisions of the judgment to DOJ to establish compliance.
  • Provide DOJ with an affirmation from all District administrators, including the Superintendent, that they understand and will follow the requirements of CANRA.
  • Implement an auditing process at schools to ensure that all required notices, policies, and posters informing students and staff about their rights and responsibilities are in all required locations.

A copy of the stipulated judgment is available here. A copy of the complaint filed with the court is available here.

Attorney General Bonta: Mojave Unified School District Achieves Compliance with DOJ’s Four-Year Stipulated Judgment, Commits to Additional Reforms to Protect Students from Disproportionate Discipline and Increase Mental Health Support

May 9, 2024
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

OAKLAND — California Attorney General Rob Bonta today announced that the California Department of Justice (DOJ) has ended monitoring of the Mojave Unified School District (District), concluding the four-year term of a 2020 stipulated judgment that addressed the District's policies and practices, including with regard to complaints of discrimination and retaliation. The settlement followed findings that the District failed to investigate a report that a principal threatened immigration-related consequences and retaliated against a student and his family for advocating for the student's legal rights. The terms of the 2020 judgment put in place reforms to protect students and ensure the District would improve its investigation and response process for complaints of discrimination and retaliation, revise policies, procedures, and practice, and staff training. The District has achieved substantial compliance with the judgment, and has agreed to implement an additional plan to significantly reduce disproportionalities in discipline for African-American students and students with disabilities, for a minimum of two years and provide DOJ with evidence of implementation two times a year.

“As the People's Attorney, I am committed to protecting students from discrimination and retaliation. The California Department of Justice and the Mojave Unified School District have worked together over the past four years to successfully implement the corrective actions set out in our 2020 stipulated judgment to address concerns regarding discrimination and retaliation,” said Attorney General Rob Bonta. “With the agreement announced today, Mojave Unified will take critical steps to ensure that no student is subject to discrimination in discipline and to provide additional mental health services for struggling students. My office will continue to work with the District to ensure the plan to reduce disproportionality in discipline is fully implemented, and we will continue to monitor over the next two years.”

 “Reflecting back to the start of the oversight, there were substantial changes needed to structure and maintain an environment that not only provided for, but addressed, the needs of all of our students,”said Dr. Aguirre, Mojave Unified School District Superintendent. “I thank all of our teachers, staff and administrators for their tremendous work and dedication to ensure that our practices and procedures are legally compliant, non-discriminatory and equitable. I am proud of their commitment to reviewing practices and procedures and for their reflection on what is fair and equitable in addressing and responding to our students’ needs. We could not have done so without the continuing support of our Governing Board members.”

In 2019, a DOJ investigation found that the District failed to properly investigate the family and student’s complaint of discrimination and retaliation. The investigation also found that the district violated state law with respect to search and seizure practices, special education identification, independent study and county community school placements, maintaining student record confidentiality, and the process for investigating and resolving complaints of discrimination and retaliation. DOJ and the District entered into a stipulated judgment that required significant reforms and a four-year monitoring period. 

At the conclusion of the judgment, the District achieved substantial compliance with all terms of the judgment by: 

  • Improving procedures for handling student complaints, including ensuring that staff understand their obligations under the law to adequately respond to and track reports of discrimination, harassment, and retaliation.
  • Ensuring alternative education programs meet legal requirements, following findings that the District provided only 10-15 minutes of support per week to below-grade-level students in independent study and that students placed in supervised suspension did not have a credentialed teacher for at least half a school year.
  • Training staff in records management, as part of an effort to prevent the loss or removal of confidential student records.
  • Addressing potentially inappropriate transfers to county community day schools, which, if not for expulsion, generally may only occur with the voluntary and informed consent of the student and family.
  • Increasing the accessibility of special education evaluations, building on the District’s affirmative move to eliminate a screening process in order to help parents or guardians have a meaningful opportunity to engage in decisions about whether to evaluate their child for mental health-related disabilities.
  • Reforming practices on searches and seizures, making sure there is reasonable suspicion, as legally required, before class-wide or grade-level-wide searches are conducted.
  • Notifying families of the availability of translation and interpretation services, recognizing that meaningful access to education cannot be dependent on a student’s ability to translate between staff and a parent or guardian.
  • Conducting a quarterly community advisory survey, supporting efforts to gage the efficacy of the independent study program and alternative education arrangements.
  • Remedying grievances suffered by the individual harmed student, including by removing certain absences in the student’s record and providing 125 hours of free compensatory education and mental health services. 

The District has further committed to implementing a two-year suspension disproportionality reduction plan, and providing DOJ with evidence of implementation twice a year. The plan includes: 

  • Continued comprehensive implementation of Positive Behavior Interventions and Supports (PBIS), including re-entry protocol for students returning from out-of-school removals.
  • Working with a consultant to provide guidance and support in the District’s PBIS implementation.
  • Additional mental health and behavioral support staff at school sites.
  • Training and implementation of restorative justice.
  • Training for all staff and consistent teacher supports in PBIS, restorative justice, nondiscrimination, bias, conflict resolution and de-escalation, trauma, and social emotional learning curriculum.
  • Tracking and monthly review of disaggregated PBIS and discipline data to identify trends and address root causes of discipline and disproportionality in discipline and implement necessary remedies. 

A copy of the agreement reached with the district is available here. A copy of the stipulated judgement is available here

 

Attorney General Bonta Calls on Congress to Fund Civil Legal Assistance

April 29, 2024
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

 OAKLAND — California Attorney General Rob Bonta today joined a broad, bipartisan coalition of 39 attorneys general in submitting letters to U.S. House and Senate leaders urging them to fund the Legal Services Corporation (LSC) in full. LSC is funded by federal appropriation and is a critical compliment to state and other funding for legal aid. LSC provides civil legal services to low-income Americans across the United States.

“As the People’s Attorney, I share a commitment to the equal access of our justice system and understand the barriers that low-income families can face when trying to access legal services,” said Attorney General Bonta. “The Legal Services Corporation provides on-the-ground legal assistance to Americans experiencing seemingly insurmountable obstacles, including our country’s Native American communities, individuals with disabilities, domestic violence survivors, survivors of natural disasters, and undocumented folks. I sincerely urge Congress to support our neighbors and prioritize investment in The Legal Services Corporation.”

Since its establishment by Congress 50 years ago, LSC has provided civil legal services to low-income Americans across the United States who otherwise would not have access to such services. LSC is funded by federal appropriation and the amount of the investment will determine the number of Americans in need that LSC will be able to assist. Each year, LSC provides grants to local nonprofits who together provide legal services to low-income individuals throughout the United States from approximately 900 offices nationwide, stretching from urban centers to small towns. However, despite 94% of federal dollars going directly toward eligible nonprofits delivering civil legal aid, the need for legal assistance is outpacing LSC's funding.

In submitting the letters, Attorney General Bonta joins the attorneys general of the District of Columbia, Georgia, Oklahoma, Massachusetts, Alaska, Arizona, Colorado, Connecticut, Delaware, Florida, Hawaii, Illinois, Iowa, Kentucky, Maine, Maryland, Michigan, Minnesota, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Vermont, Washington, Wisconsin, Wyoming, and American Samoa, Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands.

A copy of the letters can be found here, and here

As Part of National Crime Victims’ Rights Week, Attorney General Bonta Highlights Resources to Support Victims and Survivors

April 26, 2024
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

OAKLAND – As part of National Crime Victims’ Rights Week, California Attorney General Rob Bonta today highlighted resources available through the California Department of Justice’s (DOJ) Victims’ Services Unit (VSU), and through additional outlets to support and empower victims, survivors, and their families. Attorney General Bonta urges service providers and all members of the public to use these resources to help ensure all those who have been the victim of a crime are aware of many of the key rights, resources, and protections available to them in California.

“Victims of crime often struggle to rebuild their lives, and so, it is incumbent on all of us — in particular those of us in positions of power — to have their backs,” said Attorney General Bonta. “At the California Department of Justice, we are shining a light on the life-saving resources available to those who have been impacted by crime. During National Crime Victims’ Rights Week and all year round, my office will continue to lead with compassion and offer crime victims the support that they deserve. 

California DOJ Victims’ Services Unit

VSU works to provide victim-centered, trauma-informed, and culturally sensitive support services to crime victims, including underserved, at-risk, underrepresented, and vulnerable populations. Through the unit’s services, victims can track the status of appeals, recusal cases, and other matters being handled by DOJ’s prosecutors. VSU has a dedicated and well-trained team of advocates who provide appeal notifications to victims and their families. These updates allow victims and their families to exercise their rights to address the court or otherwise participate in criminal justice proceedings. Our newly revised Marsy’s Card aims to empower victims and survivors by advising them of their rights as victims of crime, and provide updated resources available to them.

VSU also supports service providers and members of the public in tracking the progress of sexual assault evidence kits as they are processed both at the state and local level through the Sexual Assault Forensic Evidence Tracking (SAFE-T database). Importantly, VSU’s advocates work to help victims and their families access available resources that are a critical part of the healing process, such as mental health services, safety net services, and assistance through the California Victim Compensation Board for related crime expenses. VSU’s latest Sexual Assault Survivor’s Bill of Rights publication provides resources and supports available, tailored to sexual assault victims and survivors.  

VSU has updated publications for crime victims in an effort to provide comprehensive resources and supports tailored to their needs. The Marsy’s Rights CardAppeals brochureSexual Assault Survivor’s Bill of Rights, and the Victims’ Services Unit brochure offer information and resources to crime victims.  

Additional Resources Available for Victims

  1. Victim Compensation BoardCan help victims pay for mental health counseling, funeral costs, loss of income, crime scene cleanup, relocation, medical and dental bills.
  2. California Department of Corrections and Rehabilitation, Office of Victim & Survivor Rights & ServicesProvides information on offender release, restitution, parole conditions and parole hearings when the offender is incarcerated in prison.
  3. National Domestic Violence Hotline: Offers free, confidential, and compassionate support, crisis intervention information, education, and referral services in over 200 languages.
  4. Adult Protective Services County Information (Elder Abuse): Offers 24-hour hotline numbers by county in California.
  5. National Child Abuse Hotline: Provides treatment and prevention of child abuse.
  6. Rape, Abuse & Incest National Network: Operates the National Sexual Assault Hotline in partnership with more than 1,000 local sexual assault service providers across the country.
  7. The Victims of Crime Resource Center: Offers a range of services, including case management, medical care, and access to resources.
  8. National Human Trafficking HotlineCall the National Human Trafficking Hotline at 1-888-373-7888.
  9. The California Relay ServiceProvides speech-impaired, deaf or hard-of-hearing individuals with telephone conversation relay assistance.
  10. Safe at Home: California Secretary of State: Offers a confidential address program for victims of domestic violence, sexual assault and  human trafficking. 

Attorney General Bonta is committed to protecting all victims of crime and violence. On February 8, 2024, he urged Congress to provide critical support and services to victims and survivors of crime by taking steps to increase the Crime Victims Fund with short term, bridge funding. On April 9, 2024, he announced his sponsorship of a bill authored by Assemblymember Jesse Gabriel (D-Encino) and joint authored by Assemblymember Eloise Gómez Reyes (D-Colton) that would allow state courts to levy increased monetary penalties on corporations convicted of criminal offenses. Such penalties would in turn provide much-needed funding for crime victim service programs in California.

To receive information on resources, notification of an appeal, or notification on a case the Attorney General's Office is prosecuting, visit oag.ca.gov/victimservices, call VSU at (877) 433-9069, or contact VSU at oag.ca.gov/victimservices/contact. To learn more about the work of VSU, please watch our Demystifying the DOJ Presentation on the Victims’ Services Unit.

ICYMI: SB 976 in the LA Times: Social Media Companies Refuse to Safeguard Kids. It’s Up to Lawmakers Now.

April 23, 2024
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

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.

Attorney General Bonta: Stockton Unified School District’s Department of Public Safety Achieves Compliance with DOJ’s Five-Year Stipulated Judgment

April 11, 2024
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

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.

Attorney General Bonta Announces Citrus Heights Sex Offender Sentenced to 14 Years in Prison for Possession of Child Pornography

April 11, 2024
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

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.