City and county governing bodies and local education agencies would adopt sexual assault prevention plans

City and county governing bodies and local education agencies would have to adopt conduct rules, sexual assault prevention plans, and written ways to report concerns. City and county governing bodies and local education agencies are covered. Rules must set boundaries among minors and between minors and adults working for the agency. They must limit private messages to minors without a parent, guardian, or caregiver. For agencies licensed or certified to serve minors, these rules cannot override state licensing rules. The deadline to adopt the rules and plans is December 1, 2027.

The signed law would shorten the filing window tied to when a survivor discovers, or reasonably should discover, psychological harm after adulthood. This covers specified lawsuits over childhood sexual assault that occurred before January 1, 2024. The later of the three-year discovery deadline or 22 years after becoming an adult applies. Certain cases involving obscene material have a separate deadline: the later of 22 years after adulthood or 10 years after an adult discovers, or reasonably should discover, that material. The three years start when the survivor discovers, or reasonably should discover, that the assault caused psychological injury or illness arising after adulthood.

Courts would require clear and convincing proof in certain childhood sexual assault claims against public agencies. This covers people age 40 or older who sue a public agency, alleging its wrongful, careless, or intentional act caused childhood sexual assault before January 1, 2024. Plaintiffs must show with clear and convincing evidence that the agency knew of misconduct by someone acting for it that led to the assault, failed to take reasonable steps or put safeguards in place, and failed to carry out a required duty with reasonable care. The higher proof rule does not apply to cases with a judgment or final settlement. The higher proof rule covers suits filed on or after January 1, 2026.

Public agencies would not face damages of up to three times the usual amount for covering up childhood sexual assault and would pay only their share of some financial losses. The cover-up rule concerns public agencies sued over childhood sexual assault. The financial-loss rule covers public agencies sued over injury, property damage, or death where fault is shared. The limit on an agency’s share of financial losses does not apply if the agency is found more than 15% at fault. The financial-loss rule covers suits filed on or after January 1, 2027.

State officials would place covered children’s care settings under closer monitoring after allegations meet a set threshold. Covered settings are licensed children’s residential facilities and approved resource families of foster family agencies. Monitoring follows one substantiated allegation or two credible allegations within 12 months involving sexual abuse, grooming, sexual exploitation, or retaliation. Grooming means trying to prepare or persuade a minor for sexual activity or exploitation. The monitoring rule starts July 1, 2028, and monitoring lasts at least 12 months.