Consideration when determining child custody: human trafficking.

Assembly Member Hoover's child custody legislation requires California courts to evaluate human trafficking considerations before issuing custody orders, establishing new protections for victims and restrictions on perpetrators in custody proceedings.

The bill mandates that courts make independent findings about whether a child or parent is a victim of human trafficking, whether a parent has been convicted of trafficking, or whether a parent caused the child or other parent to become a trafficking victim. Courts must document how custody orders protect children in cases where trafficking victimization is found. The legislation defines trafficking victims as those receiving services from government entities or nonprofits, or those who have received compensation from the California Victim Compensation Board.

When courts determine that a parent has been convicted of trafficking or caused trafficking of the child or other parent, the bill creates a rebuttable presumption that awarding sole or joint custody to that parent would harm the child's best interests. This presumption can only be overcome by a preponderance of evidence. The bill references the definition of human trafficking established in Section 236.1 of the California Penal Code.

The measure aligns with existing Family Code provisions on determining children's best interests while adding specific requirements for courts to identify and address trafficking impacts in custody cases. Courts must implement these changes using current resources, as the bill includes no new funding appropriations.