Section 1038.2 Of Article 8.8. Human Trafficking Caseworker-victim Privilege From California Evidence Code >> Division 8. >> Chapter 4. >> Article 8.8.
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.
(b) As used in this article, "human trafficking caseworker" means
any of the following:
(1) A person who is employed by any organization providing the
programs specified in Section 18294 of the Welfare and Institutions
Code, 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.
(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 he or she has no guardian or conservator, or a guardian
or conservator of the victim when the victim has a guardian or
conservator.