The reason Child Protective Services (CPS) and the state have historically struggled to stop these situations comes down to a glaring gap in the legal system: California law has historically permitted child marriage.
Because child welfare agencies like the California Department of Social Services (CDSS) operate strictly within existing statutory frameworks, they face unique legal obstacles when dealing with parental-approved underage marriages.
1. Legal Loopholes
For decades, California was one of only three states in the U.S. with no absolute minimum age for marriage. Under the law, a minor of any age could legally wed if they obtained a parent or guardian’s signature alongside judicial approval. When parents—who are a child’s legal guardians—consented to the marriage, CPS had a very high legal hurdle to clear to prove “abuse or neglect” solely based on the marriage itself, since the act was legally sanctioned by the state.
2. The Statutory Rape Exemption
In California, the legal age of sexual consent is 18. However, an exception has historically existed for a minor’s legal spouse. Abusers and parents have deliberately used this legal loophole to shield perpetrators from statutory rape charges and criminal prosecution. By turning an abusive relationship into a legal marriage, the abuse was effectively given “legal cover”.
3. Minors Lack Legal Standing to Escape
Once married, young girls have faced extreme difficulties trying to get help from state systems because minors do not have independent legal standing. Survivors and advocates from organizations like Unchained at Last have pointed out that a married child:
- Cannot independently hire an attorney.
- Cannot file for divorce on their own without an adult’s signature.
- Is routinely turned away from domestic violence shelters, which often require parental or guardian consent to admit a minor.
Recent Legislative Changes
This systemic failure has led to major legislative action. In late August 2026, California lawmakers overwhelmingly passed Assembly Bill 1267, a bipartisan bill designed to completely ban marriage for anyone under 18 with no exceptions.
The bill passed the Legislature and aims to completely close the parental and judicial loopholes that previously left young girls unprotected. If signed into law by the Governor, it will finally give agencies and law enforcement the clear legal authority to treat the forced marriage of a minor as a straight line to child exploitation and abuse.
Now we just need our Governor…Gavin Newsom to sign this bill. Why has it not been signed yet. Tomorrow is the deadline for the bill.
He recently signed bills in Sacramento protecting youth tackle football safety, expanding holistic healthcare options, and supporting military veterans. You are protecting boys playing football, but you can’t protect girls’ rights?
You mean to tell me he couldn’t sign this bill already???? Why the procrastination???? @gavinnewsom sign this now!!!