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:

• Trafficked child with intent that the child engage in forced labor or services Tex. Penal Code § 20A.01(2), Tex. Penal Code § 20A.01(4);, Tex. Penal Code § 20A.02(a)(5); OR

• 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);

⧠ Child under 18 years of age, regardless of trafficker’s knowledge Tex. Penal Code § 20A.01(1);, Tex. Penal Code § 20A.02(b)(1);

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