<< Click to Display Table of Contents >> Navigation:  Child and Family Services Policy > Section IV - Child Protection Services > IV. D-2B. Human Trafficking and Commercial Sexual Exploitation Effective 4/7/16

I.SUBJECT

Human Trafficking and Commercial Sexual Exploitation of Children (HTCSEC)

II.PHILOSOPHY

The Office of Child and Family Services recognizes that Human Trafficking and Commercial Sexual Exploitation of Children (HTCSEC) is happening in our state. It is our duty and mission to create a workforce and community that is able to identify, document and access appropriate care for victims of these heinous crimes. It is also recognized that this crime has an increased incidence rate with children who have been or are currently in foster care. It is further recognized that no one service arena can address the multitude of needs that arise when a youth has experienced, or is at a high risk of experiencing HTCSEC. The use of a multidisciplinary team (MDT) to share information across disciplines may be the only way to accurately assess for HTCSEC.  The MDT approach is also the most efficient way to plan for and address the safety needs and services that victims/survivors may need.  

III.PURPOSE

This policy will guide Child Welfare staff through the process of screening youth who may have been victims of HTCSEC. It will also provide direction around reporting to appropriate law enforcement when victims are identified, accessing appropriate services and care for youth who are victims, and documenting this information in such a manner that can be utilized both in state and for federal government purposes.

IV.PRACTICE MODEL

•Making children and families safe is a collaborative effort.

•We separate dangerous caregivers from children in need of protection. When court action is necessary to make a child safe, we will use our authority with sensitivity and respect.

•We listen to children. Their voices are heard, valued, and considered in decisions regarding their safety.

 

V.LEGAL BASE

HR 4980 Preventing Sex Trafficking, Strengthening Families Act

 

VI.      DEFINITIONS

Human Trafficking (HT):

The recruitment, harboring, transportation, provision, or obtaining of a person for sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.  Coercion includes threats of physical or psychological harm to children and/or their families.

In plain language, this means that human trafficking occurs whenever a person uses force, fraud, or coercion to make someone else engage in labor or commercial sex for their own financial gain. However, any minor engaged in commercial sex is a victim of human trafficking, even if they were not subject to force, fraud, or coercion.

Commercial Sexual Exploitation of Children (CSEC):

The use of a child for sexual purposes in exchange for cash or in-kind favors between a customer, intermediary or agent and others who profit from the trade in children for these purposes

Any child (under the age of 18) engaged in commercial sex is a victim of Human Trafficking.

 

     VII PROCEDURE STATEMENT

A.Screening for possible experiences of Human Trafficking or Commercial Sexual Exploitation:

1.When a Child Welfare report containing allegations of HTCSEC is made to intake, caseworkers and supervisor will work together to ensure that the report is either screened in for Child Welfare intervention, or if not appropriate for Child Welfare intervention, a referral to the appropriate District Attorney’s (DA) Office will be made within 24 hours of the report being called into intake. If the report is screened in for intervention, assessment staff will complete the HTCSEC screening tool and follow corresponding protocol. This tool can be found in Appendix A.

2.If a child has gone missing from either a home, residential facility or Homeless or Emergency shelter, or if a Caseworker feels that the Youth may have been in circumstances that the Youth may have experienced HT or CSEC utilize the screening tool and protocols outlined. This can be found in Appendix A .

 

B.    Making appropriate referrals and accessing services for victims

1.When information is gathered which screens a youth who is already in care or who is part of a child protective assessment, as a confirmed victim, a report to the appropriate county District Attorney will be made immediately (if not done so already) and a referral to the nearest Child Advocacy Center (CAC) will be made to convene a multidisciplinary team to address the complexity of the situation and form next steps to attain safety and services for the victim.

2.If information gathered screens the youth at high risk of experiencing HTCSEC, a referral to the nearest CAC will be made to convene a multidisciplinary team to address the complexity of the situation and form next steps to attain safety and services for the victim. Information around all assessed risk factors should be shared and planned for within the MDT.

**For districts that do not have local Child Advocacy Centers, Caseworkers and Supervisors should work together to form a MDT with the following people as required invitees:  Local Law Enforcement, someone from the appropriate District Attorney’s office,  Sexual Assault Advocate, and others who have meaningful contact with the youth.**

3.If information gathered screens the youth at moderate risk of experiencing HTCSEC, a consultation meeting should be set up by the caseworker that includes a Program Administrator or Assistant Program Administrator and a Supervisor to plan for safety and next steps and to strategize around the running away behavior and other identified risk factors.  

4.If information gathered screens the youth at risk of experiencing HTCSEC, make referrals as necessary to local community based service agencies.

 

C.   Documentation of incidences of confirmed experiences of HTCSEC

1.Document in MACWIS for Youth in the custody or care of the Department the questions posed in the MACWIS module labeled Sex Trafficking Detail. This will be done for each AFCARS reporting period for Youth 12 and older.

 

Appendix A

Screening for Human Sex Trafficking and/or Commercial Sexual Exploitation

This tool is intended to guide trained professionals in assessing for trafficking and/or commercial sexual exploitation, and to determine when a multidisciplinary (MDT) response may be helpful to identify trafficking or exploitation (through information sharing, safety planning, or in some cases, a forensic interview).  The lack of a “confirmation” or “high risk” score does not mean that a minor may not be experiencing trafficking or exploitation, or that an MDT response may not be helpful.