Human Trafficking 624-10-107

(New 2/24/17 ML #3494)

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Chafee IL Coordinators must identify, report, determine services for, and document the case activity involving any active Chafee IL Foster Care Alumni participant who has been or is suspected to have been a victim of human trafficking.

 

Human Trafficking is defined in NDCC 12.1-41 as, “the commission of an offense created by sections 12.1-41-02 through 12.1-41-06; which include trafficking an individual, forced labor, sexual servitude, patronizing a victim of sexual servitude, and patronizing a minor for commercial sexual activity.

 

ND State law recognizes “human trafficking” as including many elements of exploitation. PL 113-183 (Preventing Sex Trafficking and Strengthening Families Act) specifies the identification of sex trafficking victims. Any minor under the age of 18 engaged in a commercial sex act is a victim of sex trafficking. Child sex trafficking is not limited to prostitution, but can include stripping, pornography, live-sex shows, or the exchange of sex acts for necessities such as food, shelter, and/or clothing. Under U.S. federal law, a victim of sex trafficking is a person who is recruited, harbored, transported, provided for, or obtained for the purpose of a commercial sex act. A victim of severe sex trafficking is one who is induced by force, fraud, or coercion, or is under the age of 18 to perform a commercial sex act (Trafficking Victims Protection Act of 2000 (TVPA)).

 

Identifying Victims of Human Trafficking

Children and youth who are at the greatest risk of human trafficking may have one or more common risk factors that should be taken into consideration, including, but not limited to:

• Children and youth for whom family connections are limited or severed;
• Children and youth in foster care, group homes, and juvenile justice custody;
• Children and youth with a history of physical or sexual abuse or neglect;
• Runaway status;
• LGBTQ status;
• Children and youth with prior involvement with law enforcement; and
• Children and youth who have dropped out of high school.

Indicators of Human Trafficking

Sub-Culture

• Items purchased by traffickers, such as clothing, jewelry, gifts, etc.
• Cell phone usage.
• Gang signals.
• Specific language and terminology.
• Information about locations which children used as housing.
• Names and nicknames of people with whom the child is familiar.
• Tattoos which are sometimes used to establish control or ownership; particularly tattoos around the neck and wrist.

Living Conditions

• The child works where they live.
• The child’s personal freedom of movement is restricted.
• The child’s address has changed frequently.
• The child cannot identify their home address.
• The child possesses hotel keys.
• The child has frequently run away from home.
• The child lives with other unrelated youths and unrelated adults.
• The child receives gifts or clothing from unrelated youths or adults.
• The child returns to an unsafe living situation despite intervention.

School Experiences

• The child has significant, unexplained, gaps in school attendance.
• The child displays severe exhaustion during the school day.
• The child does not participate or show interest in school activities.
• The child is not enrolled in school.

Adults in the Child’s Life

• The child has much older boyfriends or girlfriends, “friends”.
• The child does not live with their parent(s) or know the whereabouts of their parent(s).
• The child receives money from unrelated adults.

Medical/Physical Condition

• The child has been treated frequently for symptoms of physical abuse.
• The child lacks an adequate medical history.
• The child is malnourished.
• The child shows signs of physical and/or sexual abuse, including physical restraint, confinement, or injuries from actual torture.
• The child has infections from unsanitary tattooing.
• The child has dental injuries; broken/missing teeth, gum disease.
• The child has bed bug bites.
• The child has infections or mutilations but nominal medical treatment.
• The child has contracted sexually transmitted diseases.
• The child has reproductive problems caused by unsafe abortions.
• The child has physical injuries related to sexual activity, such as pelvic pain and urinary tract infections.
• The child has substance abuse problems.

Financial/Employment Coercion

• The child has to work but does not indicate where they work.
• The child has little or no access to earnings and no bank account.
• The child has an unusually large amount of money on them.
• The child is indebted to adults.
• The child reports working in a strip club, night club, or massage parlor.
• The child works excessively long or unusual hours.
• The child is not allowed breaks and is unusually restricted at work.
• The child was recruited through false promises concerning the nature and conditions of their work.

Psychological Indicators

• The child may not always self-identify as a child or minor. Traffickers coach their victims to state they are eighteen years of age or older.
• The child tells inconsistent stories or stories lacking significant details.
• The child gives deceptive responses to questions.
• The child avoids eye contact with responders.
• The child has symptoms of post-traumatic stress, including anxiety, depression, addictions, panic attacks, phobias, paranoia or hyper-vigilance, or apathy.
• The child has developmental delays, enuresis, or fecal incontinence.
• The child experiences culture shock when in strange communities.
• The child is not allowed or able to speak for themselves, especially when a third party insists on being present or translating.

Environmental Indicators

• Large amounts of cash and condoms are present where child is found.
• The child’s environment contains sparsely furnished rooms.
• The child’s environment contains sex advertisements.
• The child’s environment contains multiple televisions and pornography.
• The child’s environment contains timers; used to time sexual services.
• The child’s environment contains tinted windows, buzz-in entrances, video cameras, barred or locked windows/doors, security, etc.

Reporting

In the event it is determined that the foster care alumni participant is a suspected victim or has been sexually exploited; Chafee IL Coordinators will:

1. Report the incident to law enforcement, and
2. Assist the youth with coordinating appropriate services (medical screening, safety planning, therapies, etc.).

Determining Services

There is a high level of need for comprehensive and intensive therapeutic services for victims of human trafficking. Chafee IL Coordinators will collaborate with the youth and any other identified service providers to develop an individualized plan to meet these needs.

It is recommended that trafficking victims receive trauma focused therapy at the earliest possible time following identification as a victim of trafficking. A list of trauma-trained therapists throughout ND may be found at: https://www.tcty-nd.org/index.php/users/

Below are some needs to consider when assessing the needs of individual victims:

Concrete needs

Food (culturally appropriate)	Clothing	Safety/ Protection/ Safety plan
Safe Placement Emergency Housing	Crisis Intervention	Mental healthcare/ trauma informed care
Medical/ Dental /Eye care	Substance Abuse Evaluation/Treatment	Counseling and/or Case Management
Education/life skills training/ ESL	Health education	Transportation
Legal representation -Criminal/Civil/Immigration	Interpreter/Translator	Court Advocacy/ Victim Assistance
Psychiatric Care	Assistance with Benefits	Crime Victim Compensation
Job/income/Viable employment alternatives	Tattoo Removal/Cover Up	Childcare and/or parenting skills

 

Supportive needs

Respect	Mentoring	Acceptance
Nonjudgmental environment	Healthy relationships	Affirmation of skills and strengths
Recognition of abuse and trauma	Understanding of the recovery process	Engagement in positive community
Education to understand the issue(s) of trafficking/exploitation	Opportunities to develop new skills and strengths	Opportunity to be defined by more than abuse/trauma
Supportive peers	Mentors /role models	Leadership opportunities
Holistic care	Advocacy/Know your rights	A sense of empowerment in one's own healing and restoration process

Documenting

Human trafficking cases must be documented in FRAME according to policies and procedures. This includes completion and updates to the case activity log, etc. ***Additional FRAME fields have not been created to date.