Response to Human Trafficking International UN Convention against Transnational Organized Crime (Protocol on Human Trafficking) National Trafficking Victims Protection Act (TVPA) New York State NYS Human Trafficking Law
Elements of Human Trafficking Source: Freedom Network Training Institute Recruiting OR Harboring OR Moving OR Obtaining 1 PROCESS by Force OR Fraud OR Coercion (specific acts in NYS PL) 2 MEANS For the purposes of Involuntary Servitude OR Debt Bondage OR Slavery OR Commercial Sex Acts 3 END
TVPA & Subsequent Reauthorizations Federal law passed in 2000 Focus on prevention, protection, and prosecution A person who is trafficked is considered a victim of a serious crime under US law and has the right to protection and assistance. The TVPRA builds upon these efforts and attempts to remove “unintended obstacles.”
NYS Human Trafficking Law Crimes Class B felony for sex trafficking Class D felony for labor trafficking Felony for charges for “Prostitution Tourism” Services Provides victims with basic services Inter Agency Coordination Interagency Task Force on Human Trafficking
Sex Trafficking- NYS Definition Profiting from prostitution by: providing drugs; using false or misleading statements; withholding or destroying government documents; debt servicing; force; a plan or pattern of coercive conduct; OR other acts.
Labor Trafficking- NYS Definition Compelling or inducing another to engage in labor, or recruiting, enticing, harboring or transporting another by: providing drugs; withholding or destroying government documents; debt servicing; force; OR a plan or pattern of coercive conduct.
NYS Anti-trafficking Law Implementation In January 2009, NYS OCFS and OTDA jointly issued OTDA 09-ADM-01/09-OCFS-ADM-01 New York State Anti-Trafficking Statute, which gives policy and procedural guidelines to LDSSs regarding Human Trafficking. Human Trafficking Liaisons Providing assistance to minor victims Determining eligibility for assistance for state-confirmed victims Facilitating services through RHTPs for foreign victims Reporting to the NYS Anti-Trafficking Program Coordinator
Safe Harbour for Exploited Youth Act Effective April 1, 2010. Creates a presumption that a person under 16 who is charged as a JD for a prostitution offence is a severely trafficked person. Requires the court to proceed with a PINS petition, rather than JD petition. In certain circumstances the court has discretion to continue with the JD petition. Court can convert a PINS to a JD petition if youth is out of compliance with court orders. If funded, short-term services provided by LDSSs (more on this later)
Myths & Misconceptions Trafficking victims have to be foreign nationals. Trafficking requires an international or state border crossing. Trafficking victims must be kidnapped and/or restrained physically. If a victim consented prior to abuse or was paid, then it is not trafficking.
Smuggling vs. Trafficking Smuggling entails: A facilitated entry Element of consent Violation of immigration law but not necessarily a human rights violation
EVERY TWO MINUTES A CHILD IS TRAFFICKED FOR THE PURPOSE OF SEXUAL EXPLOITATION IN THE UNITED STATES. —U.S. DEPARTMENT OF JUSTICE Intersection of Human Trafficking & Child Welfare
Human Trafficking of Children/Youth Minor Victim Human Trafficking When the human trafficking victim is under 18 years old. Sex Trafficking, Labor Trafficking or Domestic Servitude U.S. Citizens, legal permanent residents, or undocumented Domestic Minor Sex Trafficking When a U.S. citizen or legal permanent resident victim under 18 years old is engaged in a commercial sex act. Commercial sex act is any sex act on account of which anything of value is given to or received by a person. This includes: Prostitution, Exotic dancing/stripping, or Pornography.
Quick Facts on Trafficking More than 80% of trafficking victims are female and over 50% are children. The average entry age for prostitution in the U.S. is now 13. Estimates of domestic minors involved in sex trafficking range from 100,000 to 300,000.
Domestic Minor Trafficking Who are the victims of domestic minor trafficking? Youth of any ethnicity, race, or religion. Youth of any socio-economic class. Female, male, and transgender youth. Youth of all ages. Vulnerable youth.
Domestic Minor Sex Trafficking Who are especially vulnerable to domestic minor sex trafficking? Youth with histories of abuse. Homeless, or runaway youth. Youth within the foster care system, esp. congregate care. LGBTQ youth.
Runaway & Homeless Youth Runaway/ Homeless Youth According to the U.S. Office of Juvenile Justice and Delinquency Prevention, 85% of exploited children are missing when exploitation occurs. Pimps and exploiters target youth shelters, group homes, and other services for homeless youth. Exploiters offer a place to stay, food, a new pair of jeans, at the least some attention. Children with no system of support are at high risk for these methods of seduction, coercion, and recruitment. NISMART (National Institute for Missing, Abducted, Runaway and Throwaway Children) estimates that nationally 1.6 million children run away from home each year and that one out of every three teens on the street will be lured toward the sex industry within 48 hours of leaving home.
High Risk Victims High Risk Victims: Multiple runaway incidents o 4 or more times in 12 month period Sexually exploited Age (12 and under) Time missing (over 1 month) Repeat victims Victims of prostitution/trafficking Defined by the High-Risk Victims & Trafficking Team of the Dallas Police Department, 2006
The Role of Runaway and Homeless Youth Shelters 24/7 Access to safe, comfortable, non-system location staffed with professional child care workers. Home like environment, which is crisis free, positive, stable and typically an anonymous location. Immediate access to food, clothing, medical care and other basic needs. Ability to establish rapport with caring adults and aid in coordination of service delivery.
The Role of Runaway and Homeless Youth Shelters Therapeutic model of care which promotes: Inclusion Trauma Informed Approach Harm Reduction Strategies Positive Youth Development Full time Case Managers All youth receive a Individual Service Plan Meet with Case Manager to develop rapport Begin the process of Family Reunification where appropriate Access to school
The Role of Runaway and Homeless Youth Shelters RHY Shelters can help minor victims by: Providing a positive and stabilizing environment. Aid in beginning immediate service provision. Help with service coordination and after-care support services. Build rapport with youth. Help youth leave the streets, the lifestyle and see a way to a brighter future.
HOW DO TRAFFICKERS FIND AND KEEP THEIR VICTIMS? Trafficking Recruitment
How do traffickers (pimps) find victims? Recruitment From the street Schools Shelters, foster homes, group homes, etc Malls Facebook Abduction Purchase or trade from another pimp
Recruitment Pimps(traffickers) manipulate their victims with an initial period of false love and feigned affection. This period often includes: Warmth, gifts, compliments, and sexual and physical intimacy Elaborate promises of a better life, fast money, and future luxuries Purposeful and pre-meditated targeting of vulnerability (e.g. runaways, foster care youth) Purposeful targeting of minors due to naiveté, virginity, and youthful appearance. This initial period is critical to attaining long-term mind control over victims. From Domestic Sex Trafficking: The Criminal Operations of the American Pimp, Polaris Project
Grooming Grooming is a two-stage process prior to “turning out” a girl. First, the girl is made to feel attractive and wanted. The pimp spends money on her and gives her special treatment. Sex between the pimp and the girl is always part of the grooming process. From Domestic Sex Trafficking: The Criminal Operations of the American Pimp, Polaris Project
Grooming Stage two, the pimp will attempt to break a girl’s will through physical, sexual and verbal abuse to prepare her for the “game”. Often involves gang rape. Pimp moves her around to break her from family/friend ties. He was real sweet at first, then he began telling me, “You can’t stay in this house for free.” - Sharon, 17 year old From Domestic Sex Trafficking: The Criminal Operations of the American Pimp, Polaris Project
Why don’t victims seek help? Use and/or threat of violence Fear Shame Self-blame Hopelessness Dependency Victims have become physically, financially, or emotionally dependent on the trafficker. They have bonded with the abuser through traumatic bonding From “Understanding Victim’s Mindset”. Polaris Project 2006
Why don’t victims seek help? Distrust of law enforcement False promises Victims are promised love, money, safety Lack of knowledge of social systems Victims don’t know how and where to seek help Debt bondage Victims are sometimes trapped in never ending cycles of fabricated debt and are made to believe they cannot leave until this debt is paid off. From “Understanding Victim’s Mindset”. Polaris Project 2006
Identifying Child/Youth Victims Child victims of trafficking will usually look like the children you help every day. Children will rarely disclose, or even realize, they are trafficking victims. Many view their trafficker as a boyfriend, and the process of breaking that bond is time and resource intensive. Some children may still be under the control of the pimp/trafficker, even after they are returned to foster care, a family home or are rescued.
Identifying Child/Youth Victims Trafficked children often suffer from depression, hostility, stress, anxiety, post-traumatic stress disorder, and fear of authority, as well as those who victimize them. Outward symptoms may present as difficult behavior or resistance to assistance. Other physical symptoms may be present, such as pregnancy, sexually transmitted diseases, and drug addiction, may mask the fact they have been exploited.
Identifying Child/Youth Victims: What to Look For? Unexplained absences from school for a period of time Chronic running away (from home or foster care) Frequent travel to other cities Controlled/restricted communication – not allowed to speak to you alone Expensive gifts More than one cell phone Living in a hotel (has key or business card) Suspicious jewelry or tattoo (“branded”) Signs of trauma, fatigue, injuries, abuse or depression Signs of hunger/ malnourishment Inappropriately dressed Fear/mistrust of law enforcement/social service/CPS workers Engaged in sexual situations beyond age-specific norms Has a noticeably older “boyfriend” (i.e., 10+ years) Sources: DCJS (2008); IACP (2006); NHTRC (nd); OSDFS (nd); VIJ (2004)
Identification of Child/Youth Victims Due to the covert nature of human trafficking, victims can come to your attention indirectly through other means or as a result of another issue, such as: Prostitution Domestic Violence Drug usage Runaways and homeless youth Juvenile Delinquents, Persons in Need of Supervision (PINS) cases or Foster Care Cases of sexual abuse or neglect
Child Trafficking Indicator Questions Are you in school? If you work, what kind of job do you have? How are you paid? Where do you live? Are you able to leave the house/apartment whenever you want to? What are the rules where you live or work? Tell me about your typical day. Are you (or were you) hurt? Were you able to talk to your family and friends? If so, were you alone? If from another country, how did you get to the U.S.? Do you have your documents or does someone else? Excerpt from Building Child Welfare Response to Child Trafficking, Center for Human Rights for Children, Loyola University Chicago and International Organization for Adolescents (IOFA)
Why do providers need to know this? Service providers who work with children and youth need to be aware of the signs of human trafficking. If it appears that a child may have been trafficked: If unsure, you can contact the National Human Trafficking Resource Center 1-888-373-7888. If appropriate, a referral should be made to law enforcement professionals to assess the situation. Law enforcement may refer the child to OTDA for the confirmation or certification process. If no “official” referral is made for confirmation or certification, child may still need services.
Things to Consider Before an Interview Trafficking victims rarely self-identify as trafficking victims; usually present with another form of abuse, neglect, or abandonment Trafficking victims may be fearful of disclosing information due to threats by trafficker of harm to him/her or his/her family It may take several interviews to establish trust and determine if someone has been trafficked If possible, do not take extensive notes during initial interview(s) Child’s parent or caregiver may also be the trafficker Trafficker may lie and say s/he is a child’s parent or caregiver Source: DCF (nd); UK Home Office (nd)
Tips for Conducting an Interview Hold interviews in a private, secure location Respect victim’s privacy & confidentiality Do not discuss the case with anyone who doesn’t need to know Do not expose victim to the media Use interpreter(s) when necessary, but screen to ensure that they: Understand dynamics of trafficking Are not allied with the trafficker Understand needs of child victims (if applicable) Establish that you do not work for the government/police Ensure victim’s cell phone is turned off during the interview (may be used as a method of control by the trafficker) Build rapport before asking about immigration status, sexual abuse/experiences, or other potentially difficult subjects If possible, find out if other victims are being held Source: DCF (2009); UK Home Office (nd)
Tips For Initial Consultation(s) Hold interviews in a private, secure location. Establish separation between your shelter/program & government/police. Respect privacy & confidentiality. Do not discuss the case with anyone who doesn’t need to know Do not take extensive notes during initial interview(s) Do not expose victim to the media Use interpreter(s) when necessary, but screen to ensure that they: Understand dynamics of trafficking & are not allied with the trafficker Build rapport before asking about immigration status, sexual abuse/experiences, or other sensitive subjects. Sources: DCF (nd); UK Home Office (nd)
WHAT IS A CHILD ADVOCACY CENTER? HOW THEY MIGHT INTERSECT WITH CHILD TRAFFICKING VICTIMS? Child Advocacy Centers
Children’s Advocacy Centers New York State office of Children and Family Services
OCFS STANDARDS Child Focused Setting Multidisciplinary Team Organizational Capacity Cultural Competency and Diversity Forensic Interviews Medical Evaluation Mental Health Victim Support and Advocacy Case Review Case Tracking
Child Advocacy Centers and Multidisciplinary Teams Mission is to promote and support communities in providing a coordinated investigation and comprehensive response to child victims of abuse
PHILOSOPHY OF CAC MODEL Primary focus is the child victim & family Agencies working together in a coordinated community response to child abuse Physical plant to serve as a neutral facility Warm, private, non-threatening environment
THE LAW Executive Law §642-a provides that, whenever practicable and where one exists, an MDT and/or a child advocacy center (CAC) shall be used for the investigation and prosecution of child abuse cases, including sexual abuse, and child deaths. Section 423(6) of the SSL also has provisions encouraging the use of an MDT for cases involving abuse and the death of a child. Therefore, although a joint investigation is only required for reports alleging physical and sexual abuse and reports involving the death of a child, as referenced in SSL § 424(5-a) and (5-b), the use of an MDT or CAC should still be considered for other types of reports whenever possible. Social Services Law section 423-a: 5. (a) The files, reports, records, communications, working papers or videotaped interviews used or developed in providing services under this section are confidential. Provided, however, that disclosure may be made to members of a multidisciplinary investigative team who are engaged in the investigation of a particular case and who need access to the information in order to perform their duties for purposes consistent with this section and to other employees of a child advocacy center who are involved in tracking cases for the child advocacy center. Disclosure shall also be made for the purpose of investigation, prosecution and/or adjudication in any relevant court proceeding or, upon written release by any non-offending parent, for the purpose of counseling for the child victim. (b) Any public or private department, agency or organization may share with a child advocacy center information that is made confidential by law when it is needed to provide or secure services pursuant to this section. Confidential information shared with or provided to a center remains the property of the providing organization.
1: Child Focused Setting Standard: A Child focused setting is comfortable, private, and both physically and psychologically safe for diverse populations of children and their non- offending family
2. Multidisciplinary Team Standard: A multidisciplinary team for response to child abuse allegations includes representation from the following: law enforcement child protective services prosecution mental health medical victim advocacy children’s advocacy center
3. Organizational Capacity Standard: A designated legal entity responsible for program and fiscal operations has been established and implements basic sound administrative practices.
4. Cultural Competency & Diversity Standard: Cultural competent services are routinely made available to all CAC clients and coordinated with the multidisciplinary team response.
5. Forensic Interviews Standard: Forensic interviews are conducted in a manner that is legally sound, of a neutral, fact finding nature, and are coordinated to avoid duplicative interviewing.
6. Medical Evaluation Standard: Specialized medical evaluation and treatment services are routinely made available to all CAC clients and coordinated with the multidisciplinary team response.
7. Mental Health Standard: Specialized trauma-focused mental health services, designed to meet the unique needs of the child and non-offending family members, are routinely made available as part of the multidisciplinary team response.
8. Victim Support & Advocacy 8. Victim Support & Advocacy Standard: Victim support and advocacy services are routinely made available to all CAC clients and their non-offending family members as part of the multidisciplinary team response.
9. Case Review Standard: A formal process in which multidisciplinary discussion and information sharing regarding the investigation, case status and services needed by the child and family is to occur on a routine.
10. CASE TRACKING Standard: Children’s Advocacy Centers must develop and implement a system for monitoring case progress and tracking case outcomes for all MDT components.
Forensic Interviews Mental Health Cultural Competency Child Focused Setting
CACs & Human Trafficking Victims CACs already sometimes see child trafficking victims before anyone is aware they are a trafficking victim. How might CACs be used for child human trafficking victims? What are the benefits of using a multidisciplinary approach with human trafficking victims? What are the benefits of using a CAC with a child trafficking victim?
How to access services under the NYS law? Trafficked Person Identified Law Enforcement Agency or DA Determines person “reasonably appears” to be trafficked & makes referral DCJSOTDA
Confirmation/Certification as Victim Referrals to OTDA and DCJS are made by law enforcement. Confirmation as a victim of human trafficking. (State law) Certification as a victim of severe form of trafficking in persons. (Federal law) o DCJS and OTDA decide whether to confirm the referred person as a victim of human trafficking under the state law. o Meanwhile, if appropriate, OTDA can work with the provider or law enforcement agent to have the victim certified under the federal TVPA.
Trafficking Referrals – Who Goes Where? Adults: referred to Local Departments of Social Services (LDSS) if “otherwise eligible” referred to Response to Human Trafficking Program (RHTP) if “ineligible” Minors: referred to LDSS regardless of status if unaccompanied, referred to URM Program
Services for Domestic Trafficked Persons (LDSS) Victim assistance and compensation Public assistance Emergency shelter Public housing Substance abuse and mental health services (SAMHSA programs) Health resources and services (HRSA programs) One-stop career centers & Job Corps
Services for Foreign Nationals Services for foreign-national victims who are “ineligible” for other services (RHTP) Case management Shelter/rent Health assessment Medical care (including prescriptions) Mental health counseling Food Legal services Other identified service needs
Potential Immigration Relief for Victims T Visa Is or has been victim of severe form of trafficking in persons Has complied with reasonable request for assistance in investigation or prosecution of acts of trafficking Children under 18 do not need to meet this criterion Exceptions (emotional hardship) U Visa Provides immigration relief to victims of certain criminal activity who suffered substantial physical or mental abuse as a result and who have been or are likely to be helpful to law enforcement
Services for Minor Victims Once notification has occurred, the LDSS must assess eligibility as soon as possible and provide services or make referrals for services. OCFS works as a liaison with the LDSS during the assessment process. Assessment if placement is needed. Foster Care Person In Need of Supervision (PINS) Runaway & homeless youth agencies/transitional independent living programs Unaccompanied Refugee Minors Program (URM)
Services for Minors What is the Unaccompanied Refugee Minor Program? The Unaccompanied Refugee Minor (URM) Program provides specialized resettlement and foster care services for unaccompanied youth, including trafficked minors. URM services are provided nationally by two voluntary agencies: Lutheran Immigration and Refugee Service (LIRS), and the United States Conference of Catholic Bishops/Migration and Refugee Services (USCCB/MRS).
Challenges in NYS Understanding and addressing the problem. Difficult to identify victims. Cooperation of victims difficult to obtain Victim may try to protect the pimp/trafficker from authorities. Lack of public knowledge/prevention programs Varying law enforcement knowledge and sensitivity to the issue. Child welfare providers need to understand the issue and recognize it. No reliable stats to determine the extent of the problem. Access to safe and appropriate residential services/funding for programs. Jurisdiction issues with trafficking between states, esp. with varying state laws.
Challenges-Identification of Victims Victim Identification Challenges Lack of public awareness. Widespread myths and misconceptions about the definition. Victims that do not self-identify. Human trafficking is a hidden crime. Victims cannot or will not leave a trafficking situation for many reasons.
Challenges-Referrals for Services The Anti-Trafficking law requires the referral to come from law enforcement or district attorney offices for the confirmation/certification process. What if the victim doesn’t want to be referred through law enforcement? Can’t go through the “official” confirmation or certification process.
Challenges-Services for Victims If no official confirmation/certification: Can contact the National Human Trafficking Resource Center (NHTRC) 1- 888-373-7888 or NHTRC@polarisproject.org for assistance. NHTRC@polarisproject.org Provide information Provide resources Make referrals for services Keep human trafficking statistical information Can also contact either OCFS or OTDA. Victims may still receive services.
Safe Harbour Funding Project OCFS received $1.5 million for services or expenses for sexually exploited children. Portion is being used for training for subset of LDSS & agency staff that provide direct services for high-risk youth Development of screening & assessment tools Data driven evaluation of outcomes & impact Lessons learned from project will assist with future statewide implementation Portion is allocated to the target LDSSs for development of services in their counties. Need to submit of plan to OCFS
Future Plans In conjunction with the Safe Harbour project, OCFS has plans to do the following: Issue best practice guidance policy Develop a webpage on human trafficking Provide resource information Continue to provide training in the community Continue to be involved in statewide and local taskforces
ESPECIALLY WITH HIGH- RISK POPULATIONS! Importance of Prevention
Prevention Education of youth about human trafficking. What it is? How runaway and homeless youth may be more vulnerable. Ways in which youth may be lured in. What can they do if they find themselves in a trafficking situation? Careful transition planning when they leave the shelter. Importance of a support system.
Transition Planning Let’s talk a little more about transition planning for prevention of child trafficking: educating youth about healthy relationships and a healthy lifestyle discuss the importance of education and employment to better support themselves encouraging youth to always have a “backup plan” for housing be careful of offers of free housing- why are they offering? teaching harm reduction techniques (e.g., safe sex) encourage developing supports- who can they turn to in times of need? discuss what to do in an emergency situation
Resources Minor Victims or Questions on Trafficking: Lynn Baniak, Policy Analyst NYS Office of Children & Family Services (OCFS) (518) 474-9435 or Lynn.Baniak@ocfs.state.ny.us All Victims or Questions on Trafficking: Christa Stewart, Esq. NYS Anti-Trafficking Program Coordinator NYS Office of Temporary & Disability Assistance (OTDA) (212) 961-5688 or Christa.Stewart@otda.ny.govChrista.Stewart@otda.ny.gov or Erika Hague, Response to Human Trafficking Program Manager Erika.Hague@otda.ny.gov
Resources Questions on RHY and Trafficking: Andy Gilpin Director of Program Services CAPTAIN Youth and Family Services 5 Municipal Plaza, Suite 3 Clifton Park, NY 12065 (518) 371-1185 or Andy@captainyfs.org Questions on CAC/MDTs: Melaney Szklenka Program Manager NYS Office of Children & Family Services (518) 486-7674 or Melaney.Szklenka@ocfs.state.ny.usMelaney.Szklenka@ocfs.state.ny.us or Tom Hess, Manager (518) 474-9441 or Thomas.Hess@ocfs.state.ny.us
Resources General Trafficking Questions: National Human Trafficking Resource Center 1-888-373-7888 or NHTRC@polarisproject.orgNHTRC@polarisproject.org 09-OCFS-ADM-01 New York State Anti- Trafficking Statute http://ocfs.state.nyenet/policies/external/OCFS_2009/ Building Child Welfare Response to Child Trafficking, Center for the Human Rights for Children, Loyola University of Chicago, & International Organization for Adolescents (2011). http://www.luc.edu/chrc/pdfs/Building_Child_Welfare_Respo nse_to_Child_Trafficking.pdf http://www.luc.edu/chrc/pdfs/Building_Child_Welfare_Respo nse_to_Child_Trafficking.pdf