Marysville City Council
May 2, 2023

YUBA COUNTY RESPONSE TO CSE MOU 2023

YUBA COUNTY RESPONSE TO
COMMERCIALLY SEXUALLY EXPLOITED CHILDREN/YOUTH (CSE) PROTOCOL:

MEMORANDUM OF UNDERSTANDING
I. OVERVIEW
The Commercially Sexually Exploited Children/Youth (CSEC/Y) Program is administered by the California State Department of Social Services (CDSS) pursuant to SB-855. Commercially Sexually Exploited Children/Youth refers to those minors under the age of 18, identified to be victims, or at risk of becoming victims, of commercial sexual exploitation (CSE). Yuba County has developed and will utilize a multidisciplinary team approach to CSEC/Y case management, service planning, and provision of services.

The following Community Partners to this Memorandum of Understanding (MOU) have agreed to participate in the Yuba County Commercially Sexually Exploited Children/Youth Protocol: Yuba County Health and Human Services Department, Child and Adult Protective Services (CAPS) Division, Sutter-Yuba Behavioral Health, Yuba County Juvenile Court, Yuba County Victim Services, Yuba County Counsel, Yuba County District Attorney’s Office, Yuba County Public Defender, Yuba County Probation, and Law Enforcement Agency (i.e. Yuba County Sheriff’s Department, Marysville Police Department, Wheatland Police Department, California Highway Patrol, and Yuba County Office of Education.

All participating community partners will assign personnel who have been trained to recognize the signs and symptoms of commercial sexual exploitation in order to engage any suspected CSE children and youth using best practice approaches.

1. Risk Factors
The following risk factors have been identified by Community Partners as being the most prevalent for children/youth in Yuba County:
 Child Welfare history
 Cutting/Self-Harm
 Developmental delays
 Drug or substance use
 Entertainment and modeling profession (interest or participation)  Gang affiliation
 High number of moves in foster placement
 History of criminal record/arrest history/probation
 History of pregnancy or child birth
 History of sexual abuse
 Knows someone who has had sex in exchange for drugs, shelter, goods or money

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 Lack of permanency – no adult or mentor they trust in their life  Lesbian, Gay, Bi-Sexual, Transgender, Questioning, Queer, Intersex (LGBTQQI)
 Low school attendance/truancy/poor school performance  Low self-esteem
 Migrant workers
 Multiple incidents of running away
 Probation
 Suicidal thoughts
 Tattoos/branding
 Signs that child/youth is underage
 Inconsistent personal information
 No identification
 Signs of physical and sexual violence
 Emotional distress
 Dominating or controlling relationship
 Inability to make eye contact
 Sexually provocative and/or weather inappropriate clothing  Runaway/homeless/couch surfing
 Use of slang associated with sex industry

2. CSE and At-Risk Child/Youth Continuum of Care
The expectation is that Community Partners as a whole will collectively stress the importance of providing a continuum of care to CSEC/Y which will include: Trauma Informed Care, safety planning, and harm reduction.

Key Principles to serving CSEC/Y include:
 Safety planning for both the child/youth and the service providers  Collaboration across agencies
 Trust and relationship building to foster consistency  Culturally competent and appropriate service provision  Trauma-informed intervention
II. FIRST RESPONDER PROTOCOL
The following community partners have been designated as those to be notified when a CSEC/Y has been identified:
 Appropriate Law Enforcement Agency for the active criminal investigation and coordination of evidence gathering;
 CAPS for the active abuse/neglect investigation, placement considerations and appropriate services;
 Yuba County Probation (if applicable) if the child victim becomes a Ward of the Court, and

YUBA COUNTY RESPONSE TO CSE MOU 2023
 Yuba County Victim Services for victim advocacy, support, and services.

Yuba County Sheriff’s Department, CAPS, Yuba County Probation and Yuba County Victim Services are Multi-Disciplinary Team (MDT) members and part of this protocol.

1. Law Enforcement Agency

1.1 Response
When responding to a call of alleged child/youth exploitation, the Law Enforcement Agency First Responder (hereinafter referred to as First Responder) will:

1.1.1 Identify the reporting party/witnesses and determine how the alleged crime(s) came to their attention.

1.1.2 Obtain a brief statement regarding the suspected exploitation.

It is preferred that this information be gathered from a reliable adult, rather than the child/youth, whenever possible.

1.1.3 Identify the victim(s) and ensure their safety.
 Obtain the child’s/youth’s name, date of birth, address, phone number, and relationship to the exploiter.

1.1.4 Coordinate with CAPS. All child sexual abuse reports must be cross-reported to CAPS at (530) 749-6288. If the exploiter is in the same home as the child/youth, or is the parent, CAPS must be contacted at the beginning of the incident
response/investigation and a joint investigation is to be conducted at the response location.

1.1.5 Notify Yuba County Victim Services and request that an Advocate respond to the child’s/youth’s location (in
accordance with California Penal Code §679.04). To request an Advocate, call Yuba County Victim Services at (530) 741- 6275. After hours, First Responder will request Dispatch to notify the on-call Advocate.

1.2 Investigation/ Initial Interview

1.2.1 Record all interviews with all parties.

1.2.2 Gain minimal information from the victim and/or reporting party establishing that a crime has occurred. If the First

YUBA COUNTY RESPONSE TO CSE MOU 2023
Responder must interview the victim to gain this information, do not get every date, incident, act, or details of the act. That information will be obtained during the Multidisciplinary Interview Center (MDIC) interview. Focus on when the last contact with the exploiter occurred, location of known
incident(s), witnesses, and current location of the exploiter(s).  REMEMBER: The First Responder may be able to get
details from reliable parties other than the victim. Avoid interviewing the child/youth about this if this information is accessible from a reliable adult, parent, etc.
 REMEMBER: The First Responder should not interview
the child/youth at the scene of the crime or near the
exploiter. Avoid interviewing the child/youth in the
presence of a parent, other adult, or another child/youth victim. If the child/youth must be interviewed, offer an Advocate in accordance with California Penal Code (PC)
§679.04 and the CAPS worker (in a joint response call).

1.2.3 Obtain a recent photograph, if possible, of the alleged exploiter for identification purposes as well as any other potentially identifying information.

1.2.4 Identify other pertinent individuals who may have information regarding the allegations.

1.2.5 When possible, obtain detailed statements from these pertinent individuals regarding the incident(s) including age(s) of child/youth at the time of exploitation, date(s), time(s), and locations.

1.2.6 Gather relationship and contact information of all parties involved. If these individuals are not available, or if it is not possible to obtain their statements during the preliminary investigation, include information necessary to locate them.

1.2.7 Provide the non-offending care provider information about the MDIC interview and explain that someone will contact them to schedule a forensic interview with the victim.

1.3 Evidence Collection

1.3.1 Collect evidence at the crime scene, if indicated and available.

YUBA COUNTY RESPONSE TO CSE MOU 2023
 The First Responder should consider obtaining search
warrants as necessary to collect potentially valuable
evidence (e.g., cell phones, cameras, computers, laptops, clothing, bedding, laundry, belts, weapons, other objects used to assault victim, lotion, lubricant, towels, and
pornographic images and videos, etc.).
 Photograph the crime scene(s), if known, (e.g., bedrooms, bathrooms, etc.) depicting the layout of the home, park, school, etc.

1.3.2 Photograph the victim and any bruises, scratches, injuries, etc. (note that the Forensic Medical Examiner will do this as well.) Write the Police Report. If the responding officer talks to the child/youth, do not summarize what the child/youth said.

Use direct quotes whenever possible. Avoid providing the child/youth with explanations and definitions that he/she does not use. It is imperative that the officer use the child’s/youth’s own words and not introduce words for genitalia. Avoid “yes” or “no” questions and remember to keep the discussion
regarding the incident(s) brief. Write down what the
child/youth says in an open narrative. Do not press the child/youth for details or clarification.

1.4 Multidisciplinary Interview (MDI) and Medical Exam Process

1.4.1 Initiate MDI process if there is an acute need for an MDI.

1.4.2 Authorize acute CSE medical exam.
 Law Enforcement Agency can authorize medical exams.

All medical exams will need a Police Report Case Number assigned. To arrange a medical exam, the authorizing
agency must fax the authorization form to the appropriate hospital staff personnel and agency.

1.4.3 During regular business hours, the investigating office shall contact a S.A.F.E clinic to arrange the medical exam. Victim Services may provide transportation to and from medical exams. After hours, the investigating office shall contact the S.A.F.E clinic to schedule a medical exam. The S.A.F.E
examiner will inform the office of where the medical exam will take place. Medical exams will take place at the S.A.F.E clinic or in a hospital-based setting if needed. The Advocate can assist with these arrangements.

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 Community Health providers may provide consultation on health issues pertaining to all children/youth identified as CSE or at high risk of CSE
 Notify CAPS or Yuba County Victim Services that CSE
medical exam occurred.

1.4.4 Confer with Core CSEC/Y Team to determine best plan for child/youth.

2. CAPS

2.1 The intake worker (or on-call worker if after hours) will initiate a CSE Expedited Response by taking the following steps:

2.1.1 Obtain demographic information and allegation information.

2.1.2 Flag in CWS/CMS as “Commercially Sexually Exploited Child-CSEC” using Special Projects Code when triggering language (i.e. "CSEC in custody in the Pilot area") is used by the caller.

2.1.3 Initiate a CSE Referral.

2.1.4 Utilize Child Welfare Services/Case Management System (CWS/CMS) to determine if the child/youth has an open or prior case with CAPS.

2.1.5 Notify Yuba County Probation, Victim Services, and ongoing worker (if applicable), or assign new Social Worker to
investigate.

2.1.6 CAPS will assign a Social Worker to attend the MDIC and briefing.

2.1.7 Determine the response and investigate if appropriate.

Disposition may include one of the following responses:
removal from parent or caregiver (utilize CSEC/Y approved placement when available), appropriate services as
indicated by child/youth and family’s needs, or evaluate out.

2.1.8 Obtain a signed YCHHSD 452-1 Release of Information (Attachment A).

2.1.9 Utilize the WestCoast Children’s Clinic Commercial Sexual Exploitation – Identification Tool (CSE-IT) for screening. The

YUBA COUNTY RESPONSE TO CSE MOU 2023
CSE-IT can be downloaded online at
http://www.westcoastcc.org/download-the-cse-it.

2.1.10 If child/youth meets criteria for CAPS placement, within 72 hours CAPS will:
 Arrange for a full medical exam/Child Health and
Disability Prevention (CHDP) assessment and
mental health screening.
 Refer to contracted provider to initiate Child and
Family Team (CFT) process.

2.1.11 If child/youth does not meet criteria for placement, CAPS will refer to contracted provider to initiate CFT process within ten (10) calendar days.

2.2 County Jurisdiction

2.2.1 When necessary, take the child/youth into protective custody pursuant to California Family Code §6250 or California
Welfare and Institutions Code (WIC) §305.

2.2.2 Immediately after being transported to a place of safety, a child/youth ten (10) years of age or older shall be advised of their right to make at least two (2) telephone calls from the place where he or she is being held:
 A call to his/her parent, guardian, or responsible relative; and
 A call to a Public Defender [WIC § 308(b)].

2.2.3 If the child/youth identifies the exploiter, obtain Criminal Protective Order (CPO) and/or Temporary Protective Order (TRO) for no contact between victim and suspect.

2.2.4 When CSE victims are taken into protective custody by Law Enforcement Agency or CAPS, CAPS will determine the
county of origin. If the county of origin is Yuba County, CAPS will assess the child/youth for placement needs and ongoing services.

2.2.5 If the child/youth has come from another county and that county has jurisdiction, then CAPS will communicate with the other county while transportation and placement
arrangements are made. CAPS will attempt to have services

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in place for the child/youth when they return to their county of residence.

2.3 Juvenile Court
The Juvenile Court of Yuba County will review all children/youth that committed an offense described in Section 602 of the Welfare and Institutions Code (WIC). In compliance with WIC 653.5, a probation officer shall immediately make any investigation he or she deems necessary to determine whether proceedings in the juvenile court shall be commenced. If it is believed the child/youth is a CSE victim, Yuba County Probation will work in collaboration with the CSEC/Y MDT to determine the most appropriate outcome for the child/youth.

2.4 Placement
CAPS and/or Yuba County Probation will establish safe and secure emergency transitional placements for CSE children/youth. Based on the situation, emergency placement may include the hospital, parents/guardians, an Intensive Therapeutic Foster Care (ITFC) home, or Short-Term Residential Therapeutic Program (STRTP).

The CSEC/Y MDT is committed to providing the child/youth with services in their placement based on the child’s/youth’s needs.

3. Yuba County Victim Services

3.1 Arrange, coordinate and facilitate immediate crisis Core CSEC/Y Team (if applicable).

3.2 Arrange and coordinate Multidisciplinary Forensic Interview (MDFI) and request interviewer (if applicable).

3.3 Respond within 60 minutes.

3.4 Explain to child/youth the role of Yuba County Victim Services and engage with the child/youth to explain the process.

3.5 Provide access to a crisis counselor.

3.6 Provide assistance with the Criminal Protective Order and/or Temporary Restraining Order process.

3.7 Assist with arranging the CSE forensic medical exam.

3.8 Assist with arranging transportation to/from the CSE forensic medical exam.

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3.9 Provide the child/youth with information and referrals specific to their needs.

3.10 Advocate for the child/youth.

3.11 Offer to contact the child/youth within three (3) working days after the initial contact. Follow up with the child/youth with their consent.

III. SCREENING, ASSESSMENT AND REFERRAL TO SERVICES

1. Identifying Commercial Sexually Exploited and At-Risk Children/Youth: WestCoast Children’s Clinic Commercial Sexual Exploitation-Identification Tool (CSE-IT).

1.1 In order to understand the scope and nature of the problem in Yuba County and provide appropriate services, professionals will screen children/youth and assess their related needs on an ongoing basis utilizing the WestCoast Children’s Clinic Commercial Sexual Exploitation-Identification Tool (CSE-IT).

1.2 The agency that completes the screening tool shall maintain the records of the screening results, including any information collected and statements made incident to the screening. This information will be shared with MDT agencies.

1.3 The screening tool’s primary use is for the identification of CSE or at risk of becoming CSE. For any child/youth that is identified as CSE and/or in cases of imminent risk to a child/youth, call CAPS, 749- 6288 and submit a Suspected Child Abuse Report (SCAR) to CAPS.

1.4 The screening tool will also be utilized to inform and improve service delivery. The agencies that complete the tool (not in the presence of the child/youth) will need to determine the level of risk the child/youth is at based on the number total from the questions that were answered by the screener. The screener at the agency will refer the child/youth to services in the community that will meet their needs or continue providing services for them.

1.5 The tool may to be used by professionals who work directly with children/youth. These professionals may include: CAPS, Yuba County Juvenile Probation, Yuba County Victim Services and SutterYuba Behavioral Health partners.

1.6 All children/youth ages ten (10) and older will be screened regardless of gender. However, if children/youth under age ten (10) are suspected of being exploited, they will be screened.

YUBA COUNTY RESPONSE TO CSE MOU 2023

1.7 The parties agree that the information and statements obtained from the child/youth as part of the screening process will be maintained, disclosed, and used only as follows and in accordance with all applicable state and federal laws and regulations. Information obtained from the screening shall be kept confidential and shall only be shared with other MDT agencies for purposes of identifying CSEC/Y.

2. Screening
The parties agree that a screen of an exploited child/youth’s needs and strengths must take place upon identification and on an ongoing basis.

Further, the parties agree that it is in the child’s/youth’s best interest to limit unnecessary and or duplicative screening. Accordingly, the parties will coordinate to ensure that screening are streamlined and limited when appropriate.

3. Referral to Behavioral Health Services

3.1 The parties will share information regarding the CSE-IT screening to limit the number of duplicative screening and potential for retraumatization. The primary agency working with the child/youth will administer the CSE-IT Screening and obtain an Authorization to Release Information (Attachment B) so agencies can share information.

3.2 The person who administers the screening will communicate to child/youth, immediately prior to being screened, their personal rights as well as information sharing, confidentiality, and access to records.

3.3 The parties agree that the information and statements obtained from the child/youth as part of the screening process will be maintained, disclosed, and used in accordance with all applicable state and federal laws and regulations.

3.4 The person administering the screening shall make a child abuse and neglect report to CAPS, if the administrator has knowledge of or observes a child/youth in his or her professional capacity, or within the scope of his or her employment, whom he or she knows or reasonably suspects has been the victim of child abuse (PC 11166[a].)

3.5 The agency that completes the screening shall maintain the records of the screening, including any information collected and statements made incident to the screening.

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3.6 Information obtained from the screening shall be kept confidential and shall only be shared with other MDT agencies for the purposes of identifying and providing services to support the CSEC/Y’s treatment needs and assist in their recovery.

4. Victim Rights

4.1 Marsy’s Law California Constitution, Article I, Section 28(b). (b) In order to preserve and protect a victim’s rights to justice and due process, a victim shall be entitled to the following rights:
(1) To be treated with fairness and respect for his or her privacy and dignity, and to be free from intimidation, harassment, and abuse, throughout the criminal or juvenile justice
process.
(2) To be reasonably protected from the defendant and persons acting on behalf of the defendant.
(3) To have the safety of the victim and the victim’s family considered in fixing the amount of bail and release
conditions for the defendant.
(4) To prevent the disclosure of confidential information or records to the defendant, the defendant’s attorney, or any other person acting on behalf of the defendant, which could be used to locate or harass the victim or the victim’s family or which could disclose confidential communications made in the course of medical or counseling treatment, or which are otherwise privileged or confidential by law.
(5) To refuse an interview, deposition, or discovery request by the defendant, the defendant’s attorney, or any other person acting on behalf of the defendant, and to set reasonable conditions on the conduct of any such interview to which the victim consents.
(6) To reasonable notice of and to reasonably confer with the prosecuting agency, upon request, regarding the arrest of the defendant if known by the prosecutor, the charges filed, the determination whether to extradite the defendant, and, upon request, to be notified of and informed before any pretrial disposition of the case.

YUBA COUNTY RESPONSE TO CSE MOU 2023
(7) To reasonable notice of all public proceedings, including delinquency proceedings, upon request, at which the
defendant and the prosecutor are entitled to be present and of all parole or other post-conviction release proceedings, and to be present at all such proceedings.
(8) To be heard, upon request, at any proceeding, including any delinquency proceeding, involving a post-arrest release decision, plea, sentencing, post-conviction release decision, or any proceeding in which a right of the victim is at issue. (9) To a speedy trial and a prompt and final conclusion of the case and any related post-judgment proceedings.
(10) To provide information to the probation department official conducting a pre-sentence investigation concerning the
impact of the offense on the victim and the victim’s family and any sentencing recommendations before the
sentencing of the defendant.
(11) To receive, upon request, the pre-sentence report when available to the defendant, except for those portions made confidential by law.
(12) To be informed, upon request, of the conviction, sentence, place and time of incarceration, or other disposition of the defendant, the scheduled release date of the defendant, and the release of or the escape by the defendant from custody. (13) To restitution:
(A) It is the unequivocal intention of the People of the State of California that all persons who suffer losses as a
result of criminal activity shall have the right to seek and secure restitution from the persons convicted of
the crimes causing the losses they suffer.
(B) Restitution shall be ordered from the convicted
wrongdoer in every case, regardless of the sentence or
disposition imposed, in which a crime victim suffers a
loss.
(C) All monetary payments, monies, and property collected from any person who has been ordered to make
restitution shall be first applied to pay the amounts
ordered as restitution to the victim.

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(14) To the prompt return of property when no longer needed as evidence.
(15) To be informed of all parole procedures, to participate in the parole process, to provide information to the parole authority to be considered before the parole of the offender, and to be notified, upon request, of the parole or other release of the offender.
(16) To have the safety of the victim, the victim’s family, and the general public considered before any parole or other postjudgment release decision is made. (17) To be informed of the rights enumerated in paragraphs (1) through (16).

A victim, the retained attorney of a victim, a lawful representative of the victim, or the prosecuting attorney upon request of the victim, may enforce the above rights in any trial or appellate court with jurisdiction over the case as a matter of right. The court shall act promptly on such a request. (Cal. Const., art. I, § 28(c) (1).)

4.2 Behavioral Health Client Rights
In accordance with Title 9, Chapter 4, Sections 10569 of the California Code of Regulations, each person receiving services shall have rights that include, but are not limited to, the following:
(1) The right to confidentiality as provided for in Title 42, Code of Federal Regulations, Part 2.
(2) To be accorded dignity in contact with agency staff. (3) To be accorded safe, healthful, and comfortable
accommodations to meet his or her needs.
(4) To be free from verbal, emotional, physical abuse and/or inappropriate sexual behavior.
(5) To be informed by the program of the procedures to file a grievance or appeal discharge.
(6) To be free from discrimination based on race, religion, sex, gender identity, ethnicity, age, disability, sexual orientation, and/or ability to pay.

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(7) To be accorded access to his or her file.

IV. CSEC/Y MULTIDISCIPLINARY TEAM (MDT)

1. Formation of CSEC/Y Child Abuse Multidisciplinary Team (MDT)

1.1 WIC § 16524.6 specifically related to CSE describes MDT’s serving this population to include, but not be limited to, staff from CAPS, Probation, Behavioral Health, substance abuse treatment providers, Community Health providers, local education agencies, local law enforcement, and survivors.

By this MOU, the parties are establishing a qualified child abuse multidisciplinary team ("MDT"), subject to the provisions contained in WIC § 18961.7. The parties agree that each of its staff participating in any convened MDT meeting are qualified under WIC § 18961.7 to participate in an MDT and have been trained in the prevention, identification, or treatment of child abuse and neglect.

The purpose of the MDT will be to allow all participating agencies to share confidential information in order to investigate reports of suspected child abuse and neglect and CSE referrals that are received. As part of the MDT, confidential information may be utilized to create a safety plan for the child/youth, identify the child’s/youth’s needs for proper placement and treatment, develop a plan to connect the child/youth to appropriate services and determine the appropriate placement for the child/youth. The following guidelines reflect statutory requirements under California law:

1.1.1 Given the complexities of the issues involved in CSE matters, the parties agree there is good cause to extend the 30-day period for members of the MDT to meet, disclose, and
exchange information, documents, or any other material that relate to any incident of child abuse reported under this Protocol. This information may be exchanged, even though it also may be designated as confidential under state law, as long as a member of the MDT having the information
reasonably believes it is generally relevant to the prevention, identification, or treatment of child abuse.

1.1.2 Any discussion relative to the disclosure or exchange of the information or writings during a team meeting is confidential and, notwithstanding any other law, testimony concerning that discussion is not admissible in any criminal, civil, or juvenile court proceeding.

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1.1.3 Every MDT member who either receives information or records information regarding children and families in the capacity as an MDT member shall be under the same privacy and confidentiality obligations and subject to the same confidentiality penalties as the person disclosing or providing the information or records.

1.1.4 All information or records obtained during the MDT meeting must be maintained in a manner that ensures the maximum protection of privacy and confidentiality rights. Disclosure and exchange of information shall not be made to anyone other than members of the MDT.

1.1.5 Pursuant to WIC § 18964, an MDT may allow a parent, guardian, or other caregiver of the child/youth to attend the MDT meeting and provide information without becoming a
member of the MDT. The individual must sign a written
statement that he or she will not disclose any confidential information received as a result of attending the meeting.

1.1.6 If a youth is a non-minor dependent, the MDT may have access to confidential records only with the explicit written and informed consent of the non-minor dependent.

1.2 The parties agree to provide staff to participate in MDT meetings who have been “trained in the prevention, identification or treatment of child abuse and neglect cases and who are qualified to provide a broad range of services related to child abuse and commercially sexually exploited children and those at risk for such exploitation.” In order to sufficiently address a commercially sexually exploited child/youth’s needs from identification through ongoing stabilization, a three-tiered multidisciplinary response, as described below, will be employed. This approach includes:

1.2.1 Immediate Crisis MDT Meeting, which involves both a rapid response within two (2) hours (this may be done by
conference call) as well as intensive, ongoing support through the first 72 hours post-identification.

1.2.2 Initial MDT Meeting, which includes convening a team within ten (10) days to address the child’s/youth’s needs after immediate safety risks have been addressed.

1.2.3 Ongoing MDT Meetings, which include ongoing case
planning and coordination. They may occur either on an
individualized basis for each identified commercially sexually

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exploited child/youth or in a broader case review setting, where multiple cases are reviewed on a regular basis during the monthly meeting.

1.3 The Steering Committee (refer to Section V. below for detailed information) is responsible for identifying required parties, as appropriate, to serve on the three (3) tiers of MDTs. Together the agencies represented on the Steering Committee will determine whether to include additional parties and to include in the MDTs in order to most effectively meet the unique needs of the child/youth.

CAPS will be responsible for extending invitations to optional parties.

1.4 MDT meetings are collaborative and are not synonymous with the MDI process, which are conducted for investigative purposes.

2. Immediate Crisis Response MDT
The parties agree that children/youth who are suspected or identified victims of sexual exploitation and where an imminent risk to safety is present requires an immediate crisis response including initial engagement within two (2) hours (which may be via conference call), a child abuse investigation, and intensive services through the first 72 hours to stabilize them. See Immediate Crisis Response MDT section 2.10 for additional information.

The purpose of the Immediate Crisis Response CSEC/Y MDT is to provide a multidisciplinary team trained on CSE to each child/youth identified as exploited in order to immediately engage and stabilize the child/youth and develop a treatment plan that meets his/her needs in a coordinated manner.

Designated team members will:

2.1 Respond to the child’s/youth’s location within two (2) hours.

2.2 Provide individual case-by-case collaboration with multiple child/youth-serving agencies.

2.3 Engage with the child/youth and family/caregiver(s), if appropriate.

2.4 Ensure basic needs are met such as food, shelter, and clothing.

2.5 Assess and address immediate and long-term needs.

2.6 Coordinate, monitor, and adjust the service plan to achieve desired outcomes for individual child/youth.

2.7 Advise on appropriate placement.

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2.8 Conduct a safety plan upon placement with the parent/ guardian/caregiver, which includes, but is not limited to the following:

2.8.1 Ascertaining the potential safety risks for the child/youth, the family, and the providers.

2.8.2 Identifying trauma triggers.

2.8.3 Teaching techniques the child/youth can use to de-escalate when triggered.

2.8.4 Deciding on steps team members will take to prevent a trigger from occurring.

2.8.5 Delineating and documenting responsibilities of team members in the event a child/youth exhibits unsafe behavior.

The team will involve the child/youth in planning and decisionmaking.

2.9 The following circumstances require an immediate response by the parties below:

2.9.1 CAPS intake or on-call worker suspects or confirms that a child/youth is the victim of sexual exploitation or sex trafficking and there is an immediate safety concern;

2.9.2 Law enforcement interacts with a child/youth they suspect or identify is a victim of commercial sexual exploitation and there is an immediate safety concern;

2.9.3 Emergency response social worker assigned to a child abuse and neglect case suspects or confirms that a child/youth is the victim of sex trafficking and there is an immediate safety concern; and/or

2.9.4 Medical professional treats a child/youth in the emergency room and suspects or confirms the child/youth is a victim of sex trafficking.

2.10 The following agencies are required to provide an immediate crisis response: Law Enforcement Agency, CAPS, Yuba County
Probation, Yuba County District Attorney’s Office and Yuba County Victim Services. In addition, the child/youth and the family may participate, if appropriate.

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2.11 The responsibilities for each agency participating in the Immediate Crisis MDT are as follows:

2.11.1 CAPS

2.11.1.2 Intake Social Worker: Receive calls regarding
suspected abuse and neglect, follow internal
protocols, discern whether an allegation may
involve commercial sexual exploitation, and if
suspected or confirmed commercially sexually
exploited child/youth:
 Determine the speed of the response, either
Immediate Crisis or Initial MDT;
 Determine jurisdiction (either child welfare,
probation, unknown);
 Based on determination of jurisdiction, contact
Child Welfare Emergency Response or on-call
worker for two (2) hour response; and
 Report to internal agency CSEC/Y Team
Member who will report to Core CSEC/Y
Team.

2.11.1.3 Emergency Response Social Worker: Respond to
the child’s/youth’s location/staging area within two
(2) hours when:
 The CSEC/Y is a dependent pursuant to WIC
Section 300;
 The CSEC/Y is under Yuba County jurisdiction
pursuant to WIC Section 241.1; and/or
 The CSEC/Y is not currently under the
jurisdiction of any agency, but is alleged to be
the victim of abuse, neglect, or exploitation.

2.11.2 Yuba County Probation Department
Respond within two (2) hours when: the CSEC/Y comes
within the jurisdiction of the juvenile justice system pursuant

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to WIC Section 602, et seq., or the CSE child/youth is within the jurisdiction pursuant to WIC § 241.1 and the Yuba
County Probation Department is involved. Participate in the Immediate Crisis MDT when applicable.

2.11.3 Yuba County Victim Services
Serve as the lead agency, schedule and assemble the other team members when one (1) of the circumstances above
occurs, and appoint someone to facilitate the Immediate Crisis MDT meeting. Provide individualized supports and services, including advocacy services to the child/youth.

See initial response section 3.2 for additional details regarding the immediate crisis response from Yuba County Victim Services.

2.11.4 Law Enforcement
Participate in the Immediate Crisis MDT when applicable, to weigh in on the development of a treatment plan for
immediate engagement and stabilization of the child/youth.

2.11.5 Yuba County District Attorney’s Office
Participate in the Immediate Crisis MDT when applicable, to weigh in on the development of a treatment plan for
immediate engagement and stabilization of the child/youth.

3. Initial Multidisciplinary Team
Not all children/youth that are suspected or identified victims of sexual exploitation or trafficking will be in imminent danger and require an Immediate Crisis response. An Initial MDT is an appropriate response when there is not an immediate safety risk but a child/youth is identified as or is suspected of being commercially sexually exploited.

For these non-urgent situations, the parties agree to coordinate and participate in an Initial MDT within ten (10) calendar days. This Initial MDT will assemble a team of individuals connected to the child’s/youth’s life to plan for the child’s/youth’s placement, safety, and well-being; provide individual case-by-case collaboration with multiple child/youth-serving agencies; ensure basic needs are met such as food, shelter, and clothing; assess and address immediate and long-term needs; coordinate the service plan; advise on appropriate placement; conduct safety plan once at the placement with parent/guardian/caregiver; ascertain the potential safety risks for the child/youth, the family, and the providers; identify trauma

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triggers that may cause a child/youth to engage in unsafe behavior, coping skills the child/youth can use to de-escalate, and discuss steps team members will take to prevent a trigger from occurring; delineate and document responsibilities of team members in the event a child/youth exhibits unsafe behavior; and meaningfully involve child/youth in planning and decision-making.

The responsibilities of each party participating in the Initial MDT are as follows:

3.1 CAPS

3.1.1 Intake Social Worker: Receive calls regarding suspected abuse and neglect, follow internal protocols, discern whether an allegation may involve commercial sexual exploitation, and if suspected or confirmed commercially sexually exploited child/youth:
 Determine the speed of the response (either Immediate Crisis or Initial MDT);
 Determine jurisdiction (either child welfare, probation, or unknown);
 Based on determination of speed and jurisdiction, assign investigator to respond within ten (10) calendar days; and  Report to internal agency CSEC/Y Team Member who
will report to Core CSEC/Y Team.

3.1.2 Investigation Social Worker: Conduct child abuse investigation within ten (10) calendar days when the CSEC/Y is a dependent pursuant to WIC § 300.

3.2 Yuba County Victim Services
Serve as the lead agency, schedule and assemble the other team members when one (1) of the circumstances above occurs, appoint staff to facilitate the meeting, and discuss and refine the ongoing plan.

Weigh in on an appropriate temporary placement, engage in safety planning, and identify and connect child/youth with community-based supports and services.

3.3 Sutter-Yuba Behavioral Health

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Participate in the Initial MDT, if appropriate, to weigh in on an appropriate temporary placement, engage in safety planning, and identify and connect child/youth with community-based supports and services.

4. Ongoing Multidisciplinary Team (MDT)

4.1 Children/youth who are identified victims of sexual exploitation or trafficking require Ongoing MDT support to monitor the child/youth and ensure his/her needs are adequately addressed. These meetings shall be held monthly to monitor and support the child/youth and family (case planning, placement issues, safety planning etc.).

In addition to the statutorily required contact that parties have with children/youth under their jurisdiction, an Ongoing MDT meeting for an identified CSE should occur under the following circumstances including, but not limited to: once a month, when a child/youth runs away from placement/home/shelter, and when a child/youth prepares to testify in court case against exploiter/purchaser.

4.2 Long-term Support and Stabilization
The Ongoing MDT will continue to provide collaborative, long-term support to identified CSE including, but not limited to, referrals to services, connections with stable and supportive adults, and linkages to legal service providers to address civil legal issues.

V. STEERING COMMITTEE
As awareness of the problem of Commercial Sexual Exploitation of Children/Youth in the Yuba County region has grown, there has been a significant increase in the number of identified cases of CSE in the area. This has revealed challenges for responding effectively to these cases. To address the challenges identified the following actions and strategies shall be taken:
 The Steering Committee shall consist the following community agencies; Sutter-Yuba Behavioral Health, Yuba County Probation Department; Yuba County Health and Human Services; Yuba County District Attorney’s Office; Yuba County Sherriff’s Department; Yuba County Counsel; Marysville Police Department; Wheatland Police Department; and Yuba County Victim Services.
 Promote strategic collaboration and ongoing communication between all stakeholder agencies working directly with CSE cases;
 Identify and designate agency representative(s) who will serve as the liaison for communication with other partner agencies regarding CSE cases;

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 Create reliable data documenting the results of service and system responses to CSE in the jurisdiction;
 For CSEC/Y who are in the juvenile justice system, establish quality programming and services that serve as alternatives to detention, detention stabilization, placement, and aftercare supports;
 Pursue sustainable funding to support the ongoing and effectiveness of the responses to this vulnerable population;
 Promote ongoing training for CSE knowledge and expertise.

In order to meet these needs, public and private agencies in the Yuba County area have actively partnered to increase communication, share decision making, and utilize necessary resources that result in improved safety and quality of life outcomes for identified CSEC/Y, while holding their traffickers criminally accountable for their actions.

1. Formation of a CSE Steering Committee
In order to best serve CSEC/Y in Yuba County, it is imperative that the agencies that interface with these children/youth do so collaboratively. Yuba County has formed its own countywide task force to more closely coordinate its efforts with respect to victims of child/youth commercial sexual exploitation. To ensure the effectiveness of the CSE Protocol, a County CSE Steering Committee has been formed. This committee will meet on an ongoing basis to review the protocol, identify what is working well, discuss any barriers that have arisen, and develop strategies to ensure the protocol runs efficiently.

1.1 Roles and Responsibilities

1.1.1 CAPS Facilitator: Provides CSE Steering Committee coordination, administrative support and case management for dependency children/youth identified as CSE or at high risk of CSE.

1.1.2 Behavioral Health: Provides, recommends, and coordinates behavioral health services to children/youth identified as CSE or at high risk of CSE.

1.1.3 Yuba County Counsel: Ensures legal process and
confidentiality for children/youth identified as CSE or at high risk of CSE.

1.1.4 Yuba County District Attorney: Coordinates law enforcement investigation in cases involving all children/youth identified as CSE.

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1.1.5 Law Enforcement Agency: Investigates cases involving children/youth suspected or identified as CSE.

1.1.6 Yuba County Probation: Provides case management for delinquency children/youth identified as CSE or at high risk of CSE.

1.1.7 Yuba County Victim Services: Provides MDT program coordination and facilitation, provides advocacy to
children/youth and sexual abuse/trauma expertise to guide decisions regarding CSE policies and practices, provides, recommends and coordinates behavioral health services to children/youth identified as CSE or at high risk of CSE.

1.2 Practices
The CSE Steering Committee will designate a provider to conduct training for community stakeholders working with children/youth. The training will bring awareness to help identify sexually exploited and atrisk children/youth, provide services and support for CSE, as well as educate on the use of culturally competent and trauma-informed practices.

1.3 Prevention Efforts
Prevention efforts are designed to utilize outreach and education.

Awareness training will be provided to foster and probation children/youth and students at local middle and high schools by the designated service provider. Prevention begins with identifying children/youth at risk for exploitation and connecting them with services and support before victimization occurs.

1.4 Target Population for Training Efforts
The CSE Steering Committee intends to make CSE training available to all Community Partners that directly work with children/youth.

These agencies and individuals can assist with identifying and providing services to CSE and at-risk children/youth.

Identified target population includes, but is not limited to:
• California Youth
Connection (CYC)
• Code Enforcement
• Community Schools
• Drug and Alcohol
• Independent Living
Program (ILP)
• Juvenile Court
• Law Enforcement
• Behavioral Health

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• Elementary Schools
• Emergency Medical
Services/ Paramedics
• Faith based societies
• Family Resource Centers
• Fire Departments
• Foster parents
• Foster Parents Association
• Gay and Lesbian Alliances
• High Schools
• Homeless Shelters
• Middle Schools
• Nurses and Doctors
• Parents/Guardians
• Parks and Recreation
• Probation
• Sexual Assault Response
Team (SART)
• Teachers
• Therapists
• Women’s Shelter Program
• Yuba Community College

1.5 Data Collection

1.5.1 Protocols and strategies will be utilized to coordinate, collect, and share data across systems. This will be done to better understand the scope of work between agencies, identify issues within the system and process, track children/youth who have been sexually exploited, and document which
resources are being used.

1.5.2 CAPS, Yuba County Probation and Yuba County Victim Services will be responsible for collecting and maintaining a data system that tracks the following: Number of
children/youth screened, age, gender, risk level assessed, services provided, and name of agencies child/youth is
referred to.

1.6 CSE Funding
Yuba County intends to utilize the funds pursuant to WIC § 16524.7(a)(4) as follows:
• Training for new staff and community partners
• Continuing education for existing staff
• Educating foster and probation youth
• Direct supports for CSE children/youth
• Resource Family supports
• CSEC/Y program supports
• Other Provider supports
VI. PRIVACY & SECURITY

1. CONFIDENTIALITY

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1.1 All exchanged information by the parties and use and disclosure of such information under this MOU shall be in strict conformation with all applicable Federal, State and/or local laws and regulations relating to confidentiality including, but not limited to, the California Confidentiality of Medical Information Act (California Civil Code Section 56 et seq.), Welfare and Institutions Code Sections 5328 et seq., 10850 and 14100.2, Health and Safety Code Sections 11977 and 11812.22, California Code of Regulations Section 51009, and 42 Code of Federal Regulations Section 2.1 et seq., the California Department of Social Services (CDSS) Manual of Policies and Procedures, Division 19-0000, the California Department of Health Services Medi-Cal Eligibility Manual, Section 2H, the Medi-Cal Data Privacy and Security Agreement (Attachment C) between the California Department of Health Care Services and the County of Yuba and the Privacy and Security Agreement (Attachment D) between the California Department of Social Services and the County of Yuba to assure that all applications and records concerning program recipients shall be kept confidential and shall not be opened to examination, publicized, disclosed or used for any purpose not directly connected with administration of the program.

1.2 Each party shall inform all of its employees of the applicable confidentiality laws and regulations and that any person knowingly and intentionally violating such laws and regulations may be guilty of a misdemeanor.

1.3 Each party is responsible for monitoring its compliance with all State and Federal statutes and regulations regarding confidentiality. Each party shall ensure that no list of persons receiving services under this MOU is published, disclosed, or used for any other purpose except for the direct administration of the program/services or other uses authorized by law that are not in conflict with requirements of confidentiality.

1.4 Except as otherwise provided in this MOU, each party may use or disclose protected health information (PHI) and/or personally identifiable information (PII) to perform functions, activities or services for or on behalf of each party, as specified in this MOU, provided that such use or disclosure shall not violate the Health Insurance Portability and Accountability Act of 1996, Public Law 104- 191 (“HIPAA”) as amended by the Health Information Technology for Economic and Clinical Health Act as set forth in Title XIII of Division A and Title IV of Division B of the American Recovery and Reinvestment Act of 2009 (“HITECH Act”) and associated
regulations at 45 CFR Parts 160, 162, and 164. The uses and disclosures of PHI may not be more expansive than those applicable to each party, as the “Covered Entity” under the Privacy Rule, except

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as authorized for management, administrative or legal
responsibilities of each party.

1.5 None of the parties shall use or further disclose PHI and/or PII other than as permitted or required by this MOU, or as required by law.

1.6 Each party shall implement administrative, physical and technical safeguards that are reasonable and appropriately protect the confidentiality, integrity and availability of PHI/PII that is disclosed or received by the other party.

1.7 Each party shall ensure that any agent, including a subcontractor to whom each party provides PHI/PII, or to whom each party provides PHI/PII which is disclosed or received by the other parties, is allowable by law and that the agent/subcontractor agrees to the same restrictions and conditions that apply to each party with respect to such information.

1.8 Each party shall make internal records related to the use, disclosure, and privacy protection of PHI received from each other available to each other or to the Secretary of the United States Department of Health and Human Services for purposes of investigating or auditing compliance with HIPAA or other laws or regulations, in a time and manner designated by each party.

1.9 The parties agree to take such action as is necessary to amend this MOU as necessary for each party to comply with Federal, State and/or local laws and regulations relating to confidentiality and privacy and security rules.

1.10 Each party shall mitigate, to the extent practicable, any harmful effect that is known to each other of a use or disclosure of PHI/PII by each party in violation of the requirements of this MOU or Federal, State, or local confidentiality laws or regulations.

2. DATA SECURITY

2.1 Confidential information transmitted by the parties by means of electronic transmissions must be encrypted according to Advanced Encryption Standards (AES) of 128 BIT or higher. Additionally, a password or pass phrase must be utilized.

2.2 Each party shall inform the other in writing within five (5) working days of any security incident of which each party becomes aware. It is understood that if the security breach incident is not corrected within sixty (60) days of the written notification, each party acknowledges that any party may terminate this MOU.

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2.3 Each party is responsible to immediately notify each other of any breaches or potential breaches of security related to each party’s confidential information, data maintained in computer files, program documentation, data processing systems, data files and data processing equipment which stores or processes each other’s data internally or externally.

2.4 In the event of a breach of security related to confidential client information provided to each other, each party will manage the response to the incident, however, each party may be responsible to issue any notification to affected individuals as required by law or as deemed necessary by each party’s discretion. Each party will be responsible for all costs incurred as a result of providing the required notification.

VII. TERMINATION
Notwithstanding any other provision of this MOU, this MOU may be terminated by any of the parties without cause upon thirty (30) days written notice to the other parties.

VIII. NOTICES
Any notice required or permitted to be given under this MOU shall be in writing and shall be served by mail. Notices shall be addressed as follows:

If to YUBA COUNTY HEALTH AND HUMAN SERVICES
DEPARTMENT:

With a copy to:

Jennifer Vasquez, Director
Yuba County Health and
Human Services Department
5730 Packard Ave., Ste 100
P.O. Box 2320 Marysville, CA 95901
County Counsel
County of Yuba
915 8th St., Suite 111
Marysville, CA 95901
If to YUBA COUNTY DISTRICT ATTORNEY’S OFFICE With a copy to:

Clint Curry, District Attorney
Yuba County District Attorney’s Office
215 5th Street
Marysville, CA 95901
County Counsel
County of Yuba
915 8th St., Suite 111
Marysville, CA 95901
If to YUBA COUNTY SHERIFF’S DEPARTMENT With a copy to:

Wendell Anderson, Sheriff
Yuba County Sheriff’s Department
720 Yuba Street
Marysville, CA 95901
County Counsel
County of Yuba
915 8th St., Suite 111
Marysville, CA 95901

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If to YUBA COUNTY PROBATION DEPARTMENT With a copy to:

Jim Arnold, Chief Probation Officer
Yuba County Probation Department
215 5th Street
Marysville, CA 95901
County Counsel
County of Yuba
915 8th St., Suite 111
Marysville, CA 95901
If to MARYSVILLE POLICE DEPARTMENT With a copy to:

Chris Sachs, Chief of Police
Marysville Police Department
316 6th Street
Marysville, CA 95901
If to WHEATLAND POLICE DEPARTMENT With a copy to:

Damiean Sylvester, Chief of Police
Wheatland Police Department
207 Main Street
Wheatland, CA 95692
If to SUTTER-YUBA BEHAVIORAL HEALTH: With a copy to:

Rick Bingham
Director for Behavioral Health
Sutter-Yuba Behavioral Health
1965 Live Oak Blvd, Suite A
P.O. Box 1520
Yuba City, CA 95992-1520
County Counsel
County of Sutter
1160 Civic Center Drive, Suite C
Yuba City, CA 95993

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IN WITNESS WHEREOF, this MOU has been executed as follows:

YUBA COUNTY BOARD OF SUPERVISORS
By: _____________________________ Date: ___________________ Andy Vasquez Jr., Chair
ATTEST: MARY PASILLAS APPROVED AS TO FORM:

YUBA COUNTY CLERK OF THE BOARD YUBA COUNTY COUNSEL
____________________________ ________________________
Michael J. Ciccozzi
Recommended for Approval:
_____________________________________ ___________________ Clint Curry, District Attorney Date
Yuba County District Attorney’s Office
_____________________________________ ___________________ Wendell Anderson, Sheriff Date
Yuba County Sheriff’s Department
_____________________________________ ____________________ Jim Arnold, Chief Probation Officer Date
Yuba County Probation Department
_____________________________________ ___________________ Jennifer Vasquez, Director Date
Yuba County Health and Human Services Department

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CITY OF MARYSVILLE
By: _____________________
Chris Branscum, Mayor Date
ATTEST:

City Clerk
By:

Nicole Moe, City Clerk
APPROVED AS TO FORM:

By:

City Attorney
Recommended for Approval:
_________________________________ ___________________
Chris Sachs, Chief of Police Date
Marysville Police Department

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CITY OF WHEATLAND
By: _____________________
Rick West, Mayor Date
ATTEST:

City Clerk
By:

Lisa Thomason, City Clerk
APPROVED AS TO FORM:

By:

City Attorney
Recommended for Approval:
_________________________________ ____________________
Damiean Sylvester, Chief of Police Date
Wheatland Police Department

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SUTTER-YUBA BEHAVIORAL HEALTH

SUTTER COUNTY BOARD OF SUPERVISORS
By: ______________________________ Date: ___________________ Chair
ATTEST: DONNA M. JOHNSTON APPROVED AS TO FORM:

SUTTER COUNTY CLERK OF THE BOARD SUTTER COUNTY COUNSEL
_____________________________ ________________________
Recommend for Approval:
____________________________________ ________________________ Director Date
Sutter-Yuba Behavioral Health

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ATTACHMENT A

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ATTACHMENT B

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ATTACHMENT C

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ATTACHMENT D

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