1038.2.
(a) As used in this article, “victim” means any person who is a “trafficking victim” as defined in Section 236.1 of the Penal Code. the following terms have the following meanings:(a) “Confidential communication” means information transmitted between the victim and the caseworker in the course of their relationship
and in confidence by a means which, so far as the victim is aware, discloses the information to no third persons other than those who are present to further the interests of the victim in the consultation or those to whom disclosures are reasonably necessary for the transmission of the information or an accomplishment of the purposes for which the human trafficking counselor is consulted. It includes all information regarding the facts and circumstances involving all incidences of human trafficking.
(b) “Holder of the privilege” means the victim when the victim has no guardian or conservator, or a guardian or conservator of the victim when the victim has a guardian or conservator.
(c) As used in this article, “human“Human
trafficking caseworker” means any of the following:
(1) A person who is employed by a domestic violence shelter-based program or a human trafficking victim services program, whether financially compensated or not, for the purpose of rendering advice or assistance to victims of human trafficking, who has received specialized training in the counseling of human trafficking victims, and who meets one of the following requirements:
(A) Has a master’s degree in counseling or a related field; or has one year of counseling experience, at least six months of which is in the counseling of human
trafficking victims.
(B) Has at least 40 hours of training as specified in this paragraph and is supervised by an individual who qualifies as a counselor under subparagraph (A), or is a psychotherapist, as defined in Section 1010. The training, supervised by a person qualified under subparagraph (A), shall include, but need not be limited to, the following areas: history of human trafficking, civil and criminal law as it relates to human trafficking, societal attitudes toward human trafficking, peer counseling techniques, housing, public assistance, and other financial resources available to meet the financial needs of human trafficking victims, and referral services available to human trafficking victims. A portion of this training must include an explanation of privileged communication.
(2) A person who is employed by any organization providing the programs specified in Section 13835.2 of the Penal Code, whether financially compensated or not, for the purpose of counseling and assisting human trafficking victims, and who meets one of the following requirements:
(A) Is a psychotherapist as defined in Section 1010, has a master’s degree in counseling or a related field, or has one year of counseling experience, at least six months of which is in rape assault counseling.
(B) Has the minimum training for human trafficking counseling required by guidelines established by the employing agency pursuant to subdivision (c) of Section 13835.10 of the Penal Code, and is supervised by an individual who qualifies as a counselor under subparagraph (A). The training,
supervised by a person qualified under subparagraph (A), shall include, but not be limited to, law, victimology, counseling techniques, client and system advocacy, and referral services. A portion of this training must include an explanation of privileged communication.
(d) “Human trafficking victim services program” means one of the following:
(1) A nongovernmental organization or entity that provides shelter, program, or other support services to victims of human trafficking and their children and does all of the following:
(i) Employs staff that meets the requirements of a human trafficking caseworker set forth in this section.
(ii) Operates a telephone hotline, advertised to the public, for survivor crisis calls.
(iii) Offers psychological support and peer counseling provided in accordance with this section.
(iv) Makes staff available during normal business hours to assist victims of human trafficking who need shelter, programs, or other support services.
(2) A domestic violence victim service organization as defined in subdivision (b) of Section 1037.1.
(e) “Victim” means a person who consults a human trafficking caseworker for the purpose of securing advice or assistance concerning a mental, physical, emotional or other condition related to their experience as a victim of human trafficking.
(c)As used in this article, “confidential communication” means information transmitted between the victim and the caseworker in the course of their relationship and in confidence by a means which, so far as the victim is aware, discloses the information to no third persons other than those who are present to further the interests of the victim in the consultation or those to whom disclosures are reasonably necessary for the transmission of the information or an
accomplishment of the purposes for which the human trafficking counselor is consulted. It includes all information regarding the facts and circumstances involving all incidences of human trafficking.
(d)As used in this article, “holder of the privilege” means the victim when the victim has no guardian or conservator, or a guardian or conservator of the victim when the victim has a guardian or conservator.
(e)As used in this article, “domestic violence shelter-based program” means a shelter-based program that provides all of the following basic services to victims of domestic violence and their
children:
(1)Either or both of the following:
(A)Shelter on a 24 hours a day, seven days a week basis.
(B)A drop-in center that operates during normal business hours to assist victims of domestic violence who have a need for support services.
(2)A 24 hours a day, seven days a week telephone hotline for crisis calls.
(3)Temporary housing and food facilities.
(4)Psychological support and peer counseling provided in accordance with Section 1037.1.
(5)Referrals
to existing services in the community.
(6)Arrangements for schoolage children to continue their education during their stay at the domestic violence shelter-based program.
(7)Emergency transportation as feasible.