11. Human Trafficking
Has child been victim of sex trafficking?
⧠ A person knowingly transported, enticed, recruited, harbored, provided, or otherwise obtained the child by any means Tex. Penal Code § 20A.01(4) ; AND
• Caused the child to engage in, or become the victim of, an enumerated sex offense Tex. Penal Code § 20A.02(a)(7);
• Received a benefit from participating in a venture that involves an enumerated sex offense; OR
• Engaged in sexual conduct with a trafficked child, Tex. Penal Code § 20A.02(a)(8);
⧠ Child under 18 years of age, regardless of trafficker’s knowledge Tex. Penal Code § 20A.01(1);, Tex. Penal Code § 20A.02(b)(1);
What is child labor trafficking?
⧠ A person knowingly:
• Received a benefit from participating in a venture that involves forced child labor or services including knowingly receiving forced child labor or services Tex. Penal Code § 20A.02(a)(6);
Under what circumstances will DFPS investigate trafficking?
⧠ If a person traditionally responsible for child’s care, custody, or welfare Tex.Fam. Code § 261.001(5):
• Compelled or encouraged the child to engage in sexual conduct including child sex trafficking, prostitution, or compelling prostitution Tex.Fam. Code § 261.001(1)(G);
• Knowingly caused, permitted, encouraged, engaged in, or allowed a child to be trafficked for sex or labor; OR
• Failed to make a reasonable effort to prevent the child from being trafficked for sex or labor Tex.Fam. Code § 261.001(1)(L)
If child has been missing from foster care, were the following steps taken?
⧠ DFPS made report:
• To law enforcement and the National Center for Missing and Exploited Children (NCMEC)
• No later than 24 hours after learning a child is missing or abducted 42 U.S.C. § 671(a)(35)
⧠ Within 24 hours of learning child missing or returned to care after missing, DFPS notified:
• Law enforcement, court, child’s AAL and GAL, and parents (unless no known location, TPR, or relinquishment) Tex.Fam. Code § 264.123
⧠ After a missing child returns to care, DFPS interviewed the child about:
• Why the child was missing;
• Where the child stayed while missing; and
• Whether the child was a victim of sex trafficking while missing Tex.Fam. Code § 264.123(f)
Are there any red flags to help identify child trafficking victims?
⧠ Multiple runaways from foster care placement in a short period of time
⧠ Changes in school attendance habits, appearance, socio-economic status and possessions, friend groups, interests, school activities, vocabulary, demeanor, attitude, and sexual behavior
⧠ Unexplained injuries: bruising, swelling, redness, cigarette burns