CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1375Introduced by Assembly Member Hoover(Coauthor: Assembly Member Krell)February 21, 2025 An act to add Section 3040.5 to the Family Code, relating to child custody. LEGISLATIVE COUNSEL'S DIGESTAB 1375, as introduced, Hoover. Consideration when determining child custody: human trafficking.Existing law governs the determination of child custody and visitation in contested proceedings. Under existing law, upon a finding by the court that a party seeking custody of a child has perpetrated domestic violence against the child, the other party seeking custody of the child, or others, as specified, there is a rebuttable presumption that granting custody to the party who perpetrated domestic violence is detrimental to the best interest of the child. Under existing law, this presumption may only be rebutted by a preponderance of the evidence.This bill would require a court, before making an order granting custody of a child, to make independent findings relating to whether a parent or the child are victims of human trafficking or whether a parent has been convicted of, or caused the child or other parent to be a victim of, human trafficking. The bill would require a court, if the court found that a child or parent has been the victim of human trafficking, to include in an order granting custody how the order provides the necessary protections to the child. The bill would impose, if the court finds that a parent has been convicted of or caused human trafficking, as specified, a rebuttable presumption that an award of sole or joint physical or legal custody of a child to that perpetrating parent is detrimental to the best interest of the child that may only be rebutted by a preponderance of the evidence.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 3040.5 is added to the Family Code, to read:3040.5. (a) (1) Before making an order granting custody of a child, the court shall make independent findings for each of the following:(A) Whether the child or a parent is a victim of human trafficking. Evidence of being a victim of human trafficking includes, but is not limited to, receiving services from a governmental entity or nongovernmental organization for victims of human trafficking or receiving compensation from the California Victim Compensation Board.(B) Whether a parent has been convicted of human trafficking.(C) Whether a parent has caused the child or other parent to be a victim of human trafficking.(2) The court shall consider the findings made pursuant to paragraph (1) when determining custody.(b) If the court finds that a child or parent has been a victim of human trafficking, as described in subparagraph (A) of paragraph (1) of subdivision (a), the court shall include in the order granting custody how the order provides the necessary protections to the child.(c) If the court finds that a parent has been convicted of, or caused human trafficking of the child or other parent, as described in subparagraph (B) or (C) of paragraph (1) of subdivision (a), there is a rebuttable presumption that an award of sole or joint physical or legal custody of a child to that perpetrating parent is detrimental to the best interest of the child, pursuant to Sections 3011 and 3020. This presumption may only be rebutted by a preponderance of the evidence.(d) For purposes of this section, human trafficking has the same meaning as set forth in Section 236.1 of the Penal Code.
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1375Introduced by Assembly Member Hoover(Coauthor: Assembly Member Krell)February 21, 2025 An act to add Section 3040.5 to the Family Code, relating to child custody. LEGISLATIVE COUNSEL'S DIGESTAB 1375, as introduced, Hoover. Consideration when determining child custody: human trafficking.Existing law governs the determination of child custody and visitation in contested proceedings. Under existing law, upon a finding by the court that a party seeking custody of a child has perpetrated domestic violence against the child, the other party seeking custody of the child, or others, as specified, there is a rebuttable presumption that granting custody to the party who perpetrated domestic violence is detrimental to the best interest of the child. Under existing law, this presumption may only be rebutted by a preponderance of the evidence.This bill would require a court, before making an order granting custody of a child, to make independent findings relating to whether a parent or the child are victims of human trafficking or whether a parent has been convicted of, or caused the child or other parent to be a victim of, human trafficking. The bill would require a court, if the court found that a child or parent has been the victim of human trafficking, to include in an order granting custody how the order provides the necessary protections to the child. The bill would impose, if the court finds that a parent has been convicted of or caused human trafficking, as specified, a rebuttable presumption that an award of sole or joint physical or legal custody of a child to that perpetrating parent is detrimental to the best interest of the child that may only be rebutted by a preponderance of the evidence.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Assembly Bill
No. 1375
Introduced by Assembly Member Hoover(Coauthor: Assembly Member Krell)February 21, 2025
Introduced by Assembly Member Hoover(Coauthor: Assembly Member Krell)
February 21, 2025
An act to add Section 3040.5 to the Family Code, relating to child custody.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1375, as introduced, Hoover. Consideration when determining child custody: human trafficking.
Existing law governs the determination of child custody and visitation in contested proceedings. Under existing law, upon a finding by the court that a party seeking custody of a child has perpetrated domestic violence against the child, the other party seeking custody of the child, or others, as specified, there is a rebuttable presumption that granting custody to the party who perpetrated domestic violence is detrimental to the best interest of the child. Under existing law, this presumption may only be rebutted by a preponderance of the evidence.This bill would require a court, before making an order granting custody of a child, to make independent findings relating to whether a parent or the child are victims of human trafficking or whether a parent has been convicted of, or caused the child or other parent to be a victim of, human trafficking. The bill would require a court, if the court found that a child or parent has been the victim of human trafficking, to include in an order granting custody how the order provides the necessary protections to the child. The bill would impose, if the court finds that a parent has been convicted of or caused human trafficking, as specified, a rebuttable presumption that an award of sole or joint physical or legal custody of a child to that perpetrating parent is detrimental to the best interest of the child that may only be rebutted by a preponderance of the evidence.
Existing law governs the determination of child custody and visitation in contested proceedings. Under existing law, upon a finding by the court that a party seeking custody of a child has perpetrated domestic violence against the child, the other party seeking custody of the child, or others, as specified, there is a rebuttable presumption that granting custody to the party who perpetrated domestic violence is detrimental to the best interest of the child. Under existing law, this presumption may only be rebutted by a preponderance of the evidence.
This bill would require a court, before making an order granting custody of a child, to make independent findings relating to whether a parent or the child are victims of human trafficking or whether a parent has been convicted of, or caused the child or other parent to be a victim of, human trafficking. The bill would require a court, if the court found that a child or parent has been the victim of human trafficking, to include in an order granting custody how the order provides the necessary protections to the child. The bill would impose, if the court finds that a parent has been convicted of or caused human trafficking, as specified, a rebuttable presumption that an award of sole or joint physical or legal custody of a child to that perpetrating parent is detrimental to the best interest of the child that may only be rebutted by a preponderance of the evidence.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 3040.5 is added to the Family Code, to read:3040.5. (a) (1) Before making an order granting custody of a child, the court shall make independent findings for each of the following:(A) Whether the child or a parent is a victim of human trafficking. Evidence of being a victim of human trafficking includes, but is not limited to, receiving services from a governmental entity or nongovernmental organization for victims of human trafficking or receiving compensation from the California Victim Compensation Board.(B) Whether a parent has been convicted of human trafficking.(C) Whether a parent has caused the child or other parent to be a victim of human trafficking.(2) The court shall consider the findings made pursuant to paragraph (1) when determining custody.(b) If the court finds that a child or parent has been a victim of human trafficking, as described in subparagraph (A) of paragraph (1) of subdivision (a), the court shall include in the order granting custody how the order provides the necessary protections to the child.(c) If the court finds that a parent has been convicted of, or caused human trafficking of the child or other parent, as described in subparagraph (B) or (C) of paragraph (1) of subdivision (a), there is a rebuttable presumption that an award of sole or joint physical or legal custody of a child to that perpetrating parent is detrimental to the best interest of the child, pursuant to Sections 3011 and 3020. This presumption may only be rebutted by a preponderance of the evidence.(d) For purposes of this section, human trafficking has the same meaning as set forth in Section 236.1 of the Penal Code.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 3040.5 is added to the Family Code, to read:3040.5. (a) (1) Before making an order granting custody of a child, the court shall make independent findings for each of the following:(A) Whether the child or a parent is a victim of human trafficking. Evidence of being a victim of human trafficking includes, but is not limited to, receiving services from a governmental entity or nongovernmental organization for victims of human trafficking or receiving compensation from the California Victim Compensation Board.(B) Whether a parent has been convicted of human trafficking.(C) Whether a parent has caused the child or other parent to be a victim of human trafficking.(2) The court shall consider the findings made pursuant to paragraph (1) when determining custody.(b) If the court finds that a child or parent has been a victim of human trafficking, as described in subparagraph (A) of paragraph (1) of subdivision (a), the court shall include in the order granting custody how the order provides the necessary protections to the child.(c) If the court finds that a parent has been convicted of, or caused human trafficking of the child or other parent, as described in subparagraph (B) or (C) of paragraph (1) of subdivision (a), there is a rebuttable presumption that an award of sole or joint physical or legal custody of a child to that perpetrating parent is detrimental to the best interest of the child, pursuant to Sections 3011 and 3020. This presumption may only be rebutted by a preponderance of the evidence.(d) For purposes of this section, human trafficking has the same meaning as set forth in Section 236.1 of the Penal Code.
SECTION 1. Section 3040.5 is added to the Family Code, to read:
### SECTION 1.
3040.5. (a) (1) Before making an order granting custody of a child, the court shall make independent findings for each of the following:(A) Whether the child or a parent is a victim of human trafficking. Evidence of being a victim of human trafficking includes, but is not limited to, receiving services from a governmental entity or nongovernmental organization for victims of human trafficking or receiving compensation from the California Victim Compensation Board.(B) Whether a parent has been convicted of human trafficking.(C) Whether a parent has caused the child or other parent to be a victim of human trafficking.(2) The court shall consider the findings made pursuant to paragraph (1) when determining custody.(b) If the court finds that a child or parent has been a victim of human trafficking, as described in subparagraph (A) of paragraph (1) of subdivision (a), the court shall include in the order granting custody how the order provides the necessary protections to the child.(c) If the court finds that a parent has been convicted of, or caused human trafficking of the child or other parent, as described in subparagraph (B) or (C) of paragraph (1) of subdivision (a), there is a rebuttable presumption that an award of sole or joint physical or legal custody of a child to that perpetrating parent is detrimental to the best interest of the child, pursuant to Sections 3011 and 3020. This presumption may only be rebutted by a preponderance of the evidence.(d) For purposes of this section, human trafficking has the same meaning as set forth in Section 236.1 of the Penal Code.
3040.5. (a) (1) Before making an order granting custody of a child, the court shall make independent findings for each of the following:(A) Whether the child or a parent is a victim of human trafficking. Evidence of being a victim of human trafficking includes, but is not limited to, receiving services from a governmental entity or nongovernmental organization for victims of human trafficking or receiving compensation from the California Victim Compensation Board.(B) Whether a parent has been convicted of human trafficking.(C) Whether a parent has caused the child or other parent to be a victim of human trafficking.(2) The court shall consider the findings made pursuant to paragraph (1) when determining custody.(b) If the court finds that a child or parent has been a victim of human trafficking, as described in subparagraph (A) of paragraph (1) of subdivision (a), the court shall include in the order granting custody how the order provides the necessary protections to the child.(c) If the court finds that a parent has been convicted of, or caused human trafficking of the child or other parent, as described in subparagraph (B) or (C) of paragraph (1) of subdivision (a), there is a rebuttable presumption that an award of sole or joint physical or legal custody of a child to that perpetrating parent is detrimental to the best interest of the child, pursuant to Sections 3011 and 3020. This presumption may only be rebutted by a preponderance of the evidence.(d) For purposes of this section, human trafficking has the same meaning as set forth in Section 236.1 of the Penal Code.
3040.5. (a) (1) Before making an order granting custody of a child, the court shall make independent findings for each of the following:(A) Whether the child or a parent is a victim of human trafficking. Evidence of being a victim of human trafficking includes, but is not limited to, receiving services from a governmental entity or nongovernmental organization for victims of human trafficking or receiving compensation from the California Victim Compensation Board.(B) Whether a parent has been convicted of human trafficking.(C) Whether a parent has caused the child or other parent to be a victim of human trafficking.(2) The court shall consider the findings made pursuant to paragraph (1) when determining custody.(b) If the court finds that a child or parent has been a victim of human trafficking, as described in subparagraph (A) of paragraph (1) of subdivision (a), the court shall include in the order granting custody how the order provides the necessary protections to the child.(c) If the court finds that a parent has been convicted of, or caused human trafficking of the child or other parent, as described in subparagraph (B) or (C) of paragraph (1) of subdivision (a), there is a rebuttable presumption that an award of sole or joint physical or legal custody of a child to that perpetrating parent is detrimental to the best interest of the child, pursuant to Sections 3011 and 3020. This presumption may only be rebutted by a preponderance of the evidence.(d) For purposes of this section, human trafficking has the same meaning as set forth in Section 236.1 of the Penal Code.
3040.5. (a) (1) Before making an order granting custody of a child, the court shall make independent findings for each of the following:
(A) Whether the child or a parent is a victim of human trafficking. Evidence of being a victim of human trafficking includes, but is not limited to, receiving services from a governmental entity or nongovernmental organization for victims of human trafficking or receiving compensation from the California Victim Compensation Board.
(B) Whether a parent has been convicted of human trafficking.
(C) Whether a parent has caused the child or other parent to be a victim of human trafficking.
(2) The court shall consider the findings made pursuant to paragraph (1) when determining custody.
(b) If the court finds that a child or parent has been a victim of human trafficking, as described in subparagraph (A) of paragraph (1) of subdivision (a), the court shall include in the order granting custody how the order provides the necessary protections to the child.
(c) If the court finds that a parent has been convicted of, or caused human trafficking of the child or other parent, as described in subparagraph (B) or (C) of paragraph (1) of subdivision (a), there is a rebuttable presumption that an award of sole or joint physical or legal custody of a child to that perpetrating parent is detrimental to the best interest of the child, pursuant to Sections 3011 and 3020. This presumption may only be rebutted by a preponderance of the evidence.
(d) For purposes of this section, human trafficking has the same meaning as set forth in Section 236.1 of the Penal Code.