Assembly Bill 1375
Status: Signed into Law (October 7, 2025)
Effective Date: January 1, 2026
Primary Focus: Consideration of Human Trafficking in Child Custody Decisions
Assembly Bill 1375 (Hoover) amends the California Family Code to address a critical gap in how courts evaluate child custody and visitation. The law mandates that family court judges specifically consider evidence of human trafficking when determining the “best interests of the child.” By requiring courts to evaluate documented history or allegations of trafficking, the bill seeks to protect children and survivors of exploitation from being placed in the custody of their traffickers or perpetrators of trafficking-related harm.
1. Mandatory Evidence Consideration
- Best Interest Standard: When determining custody under Family Code Section 3011, the court must now consider any relevant and admissible evidence that a parent has caused the human trafficking of the child or the other parent.
- 10-Year Lookback: The court is required to review evidence of trafficking circumstances that occurred within the past 10 years.
2. Qualifying Evidence of Trafficking
Under the new Family Code Section 3040.5, the court must consider evidence if any of the following are presented:
- Address Confidentiality: The child or other parent is a participant in the “Safe at Home” (address confidentiality) program due to being a victim of human trafficking.
- Protective Orders: The child or other parent is protected by a restraining order issued after a hearing, where the other parent is the restrained party.
- Civil Litigation: The parent was a defendant in a civil action for human trafficking (Civil Code 52.5) where the court found the other parent or child was entitled to remedies.
- Agency Substantiation: The Civil Rights Department has investigated and substantiated a complaint of human trafficking involving the parent.
- Criminal Conviction: The parent has a conviction for human trafficking under Penal Code Section 236.1 where the child or other parent was the victim.
3. Protective Measures in Custody Orders
- Court Findings: If the court finds that a child or parent has been a victim of human trafficking, it must detail in the custody order exactly how the arrangement provides necessary protections for the child.
- Safety Priority: The law emphasizes that the safety and welfare of the child must remain paramount, ensuring that the litigation process does not become a tool for further coercion by a trafficker.
4. Judicial Training Requirements
- Mandatory Education: The bill requires the Judicial Council to establish training programs for judges on best practices for handling human trafficking victims in the courtroom.
- Implementation: Starting in 2027, this training will be mandatory for all newly appointed judges and those assigned to family or juvenile court departments.