1. Child’s Best Interest Attorney Training
Child Trafficking
Child’s Best Interest Attorney Training
January 2017

2. All CBI Attorneys should view the entire GAL Child Trafficking Training in conjunction with Child Trafficking – Child’s Best Interest Attorney Training.

3. SEXUAL EXPLOITATION OF CHILDREN AND CHAPTER 39
Legislative Findings & Goals Regarding Children Who Are Victims of Trafficking

4. Florida is the third largest hub for human trafficking in the United States

5. Number of Verified CSE Children by County

6. Florida Safe Harbor Act (2012)
Florida Safe Harbor Act (2012). “Focuses on rescuing and protecting sexually exploited minors, and providing specialized treatment and services, including residential settings referred to as safe houses.” 2016 Legislature, Ch , Laws of Florida. “Protects children from being arrested and prosecuted for prostitution. The law also revises the definition of the term “sexual abuse of a child,” to delete references to prostitution offenses. This change is intended to ensure that children are viewed as victims, not offenders, in matters involving prostitution.” OPPAGA Report No

7. According to Florida Statute § 787.06 “Human Trafficking”
…means transporting, soliciting, recruiting, harboring, providing, enticing, maintaining, or obtaining another person for the purpose of exploitation of that person. Fla. Stat. § (2)(d)(2016)

8. Victims of human trafficking are subjected to force, fraud, or coercion for the purpose of sexual exploitation or forced labor.

9. Identification Challenges
Involved with an adult exploiter (parent, grandparent, old male acquaintance).
Do not see themselves as victims
Deny involvement with CSE
See nothing inappropriate
Rarely disclose
High rate of runaway

10. Commercial Sexual Exploitation
Labor
A child does not necessarily come into the system as a victim of trafficking
Commercial Sexual Exploitation is the use of any person under the age of 18 for sexual purposes in exchange for money, goods or services or the promise of money, goods or services.
** Majority of Cases
Human trafficking/labor trafficking is the recruitment, harboring, transportation, provision or obtaining of a person for labor or services, through the use of force, fraud or coercion, for the purpose of subjecting that person to involuntary servitude, peonage (where someone is held against his/her will to pay off a debt), debt bondage, or slavery. Per s (3), F.S., coercion is not required to be present in labor trafficking cases involving children that have not attained 18 years of age.

11. Child who is found to be dependent a child who:
sexually exploited, and
no parent, legal custodian, or responsible adult relative
capable of providing the necessary and appropriate supervision and care. § (15)(g)

12. Shelter Placements
Safe houses – are not emergency placements
Traditional emergency placements may not be appropriate for CSE children (runaway issues).
What precautions will be made for CSE children placed in emergency care? What kind of security ? Runaway issues taken into account?

13. Department’s Human Trafficking Tool
The following children young adults (6 and over) must be assessed by the department if:
history of running away;
history of sexual abuse;
history of prostitution or a current arrest on a charge of prostitution;
acknowledges being trafficked; and,
if there is a report of sexual exploitation.
F.A.C. 65C

14. Department’s Human Trafficking Tool
Review these categories of young adults with the GAL Team to make them aware of the requirements of F.A.C. 65C
Request the department assess any young adult fitting into one of the categories in F.A.C. 65C
Remember – a child does not necessarily come into the system as a victim of trafficking & GAL may be the first to know the child is a victim of trafficking

15. Forced labor includes:
domestic servitude
restaurant work
janitorial work
sweatshop factory work
migrant agricultural work

16. Legislative General Findings Fla. Stat. § 39.001(5)(a)(2016)
The children at greatest risk are “runaways” and “throwaways.”
Many have a history of abuse and neglect.
The vulnerability of these children starts with isolation from family and friends.

17. Legislative General Findings Fla. Stat. §39.001(5)(a)(2016)
Traffickers maintain control of child victims through psychological manipulation, force, drug addiction, or the exploitation of economic, physical, or emotional vulnerability.

18. Legislative General Findings Fla. Stat. § 39.001(5)(a)(2016)
Children exploited through the sex trade often find it difficult to trust adults because of their abusive experiences.
These children make up a population that is difficult to serve and even more difficult to rehabilitate.

19. Goals related to the status and treatment of sexually exploited children in the dependency process Fla. Stat. § (5)(b)(2016)
1. To ensure the safety of children.
2. To provide for the treatment of such children as dependent children rather than as delinquents.
3. To sever the bond between exploited children and traffickers and to reunite these children with their families or provide them with appropriate guardians.
4. To enable such children to be willing and reliable witnesses in the prosecution of traffickers.

20. Specific Findings Fla. Stat. § 39.001(5)(c)(2016)
The Legislature finds that sexually exploited children need special care and services in the dependency process, including:
counseling
health care
substance abuse treatment
educational opportunities
a safe environment secure from traffickers.

21. The Legislature further finds that these children need services independent of their citizenship, residency, alien, or immigrant status* *to the extent they are not receiving comparable services elsewhere Fla. Stat. § (5)(d)(2016)

22. Additional Florida Statutes
Florida Statute § codifies the federal ‘‘Preventing Sex Trafficking and Strengthening Families Act’’ of 2014.
Florida Statute § addresses the crime of Human Trafficking in Florida.

23. Because of the relationship between a child and their GAL volunteer – the GAL volunteer may be the first to know a child is the victim of human trafficking

24. REMEMBER!!
Florida Statute § (3) requires that an attorney (AAL) be appointed for a dependent child who is a victim of human trafficking as defined in § (2)(d).

25. Appointment of Registry Attorney § 39.01305
Has court requested a pro-bono recommendation from the GAL Program? (15 days to reply)
If no pro-bono available, court must appoint a Registry Attorney
CBI Attorney continues to represent the child’s best interests (GAL Program still appointed)

26. Role of the Child’s Best Interest Attorney
The CBI attorney advocates for the best interest of the child; the AAL advocates for the express interest of the child (wishes).
These interests may conflict.
It is imperative that the CBI staff the case regularly with the advocacy team to assure that the best interest of the child is being advanced, not just the express interest.

27. Confidentiality
Importance of confidentiality (the child is a potential witness in the trafficking case)
Consider:
Closed hearings
Alternatives to in-court testimony
Limit disclosure of information that may lead the trafficker to the child – placements, school, daycare, visitation schedule/location

28. Do not discuss the case with anyone who does not need to hear about it
Confidentiality
Do not discuss the case with anyone who does not need to hear about it
Emphasize confidentiality with GAL Team
Inform placement of issues surrounding confidentiality

29. detrimental to the child’s well-being. § 39.502(19)
Confidentiality
Attorney not required to notify relative of court proceedings if the court finds that the relative’s involvement is impeding the proceedings or is
detrimental to the child’s well-being. § (19)

30. Role of the Child’s Best Interest Attorney
Participate in multidisciplinary staffing (MDT)
MDT must be no later than two weeks from receipt of the investigation, and must include the Guardian ad Litem
Be sure Refugee Services or a refugee services provider attends the MDT in cases when a foreign national victim is involved.
Fla. Stat. § (2016)

31. Staffing include discussion of:
Role of the Child’s Best Interest Attorney Multidisciplinary Staffing (MDT)
Staffing include discussion of:
specific needs of the child
risks or dangers to the child
engagement of the child’s family/support center
potential placements
specific substance abuse and/or mental health treatment needs

32. Interpreters
Request and use interpreter(s) when necessary, but screen to ensure that they understand dynamics of trafficking

33. Dependency Issues & Child Trafficking Mental Health
Most children who have been trafficked need long-term, intensive mental/behavioral health services Ensure the child is screened by mental health provider who have experience with youth who have been trafficked

35. Dependency Issues & Child Trafficking Mental Health
Young adults that are victims of CSEC may be eligible for Children’s Mental Health Wrap Around (not limited to out of –home care)- includes:
Treatment & intervention for sexual assault
Victim-witness counseling
Behavioral health care
Family counseling
Life skills training
Education tailored to child’s needs
Mentoring by a survivor of sexual exploitation
Substance abuse treatment/evaluation
Transition planning
Activities supplied for a full schedule

36. Dependency Issues & Child Trafficking Placement
Department must conduct and initial assessment to determine appropriate placement, including whether placement in a safe house or safe foster home is appropriate. § See CF OPERATING PROCEDURE NO

37. Dependency Issues & Child Trafficking Placement
Safe House. A licensed setting that has set aside gender-specific, separate and distinct living quarters for sexually exploited children who have been verified as human trafficking victims and need to reside in a secure residential facility with staff members who are awake 24 hours a day and certified by the Department as outlined in § (1) and (2)

38. Dependency Issues & Child Trafficking Placement
“Safe House" assessments must be updated, at a minimum, every 180 days. Assessment results must be addressed at every Judicial Review § (2) Track assessment dates; Be sure results addressed at Judicial Review

39. Safe houses may not accept:
pregnant girls or will not keep girls beyond the first trimester of pregnancy;
children who have custody of biological children;
children with mental health issues not controlled by psychotropic medication;
children whose active substance use would require detox services; and
children that are physically aggressive or violent.
OPPAGA Report No

40. Dependency Issues & Child Trafficking Placement
If the child is not placed in a safe house, special care should be given when considering placement of a child who is suspected to be a victim of human trafficking with a parent, relative, caregiver or legal custodian until there is a clear determination that the person in question is not a trafficker or allied with the trafficker.

41. Dependency Issues & Child Trafficking Placement
Remember – the child is a potential witness in the trafficking case
Ensure safety (what are the child care arrangements, sleeping arrangements, has placement been specially trained).
It is NOT enough to present arguments on best interest or a negative home study. Case law clearly establishes that the placement decision is not a best interest test, but is based on a finding of actual danger.

42. Dependency Issues & Child Trafficking Placement
If not placed in safe house then advocate for non-relative placement if the relationship of the child to the trafficker is not known
Be especially diligent in keeping addresses, phone numbers or any identifying information confidential

43. Dependency Issues & Child Trafficking Placement - Runaway
Most Runaway Episodes - Therapeutic Foster Care and Traditional Foster Care (1.8 runs per 100 days)
Emergency Shelters
Safe Houses
Fewest Runaway Episodes - Group Care

45. Dependency Issues & Child Trafficking Normalcy
Trafficked children should be permitted to participate in extracurricular and other social activities with their background taken into account. There may be modifications, or supervision required.

46. Dependency Issues & Child Trafficking Normalcy
Must support therapeutic process. Prudent Parenting / Caregiver Plan for Sexually Exploited Children, placement should:
Participate in CSEC trainings to help in the decision-making process when normalcy activities.
Develop Supervision plan; Transportation plan.
Work with agency and professionals to identify appropriate normalcy activities – also consider child’s age, maturity and trauma history.
Provide ongoing feedback to agency and professionals regarding progress in normalcy. Identify modifications made.

47. Dependency Issues & Child Trafficking Education
Children and youth who have been trafficked will likely require educational screening and may also require remedial services.
Traditional school
Home school
GED
Tutoring
Vocational Training

48. Dependency Issues & Child Trafficking Education
Consider:
Transportation
Records – child placed in out of county school difficult to transfer records
Evaluations
Stability
Safety
Work toward best approach for EACH child

49. Dependency Issues & Child Trafficking Health
Children or youth who have been trafficked often have experienced physical abuse, neglect (including medical neglect), emotional abuse, and sexual abuse. May suffer from:
broken bones and other untreated internal and external injuries;
sexually transmitted diseases, including HIV;
addicted to drugs or alcohol;
poor dental care; and
malnutrition.
Advocate for medical screenings, dental care and other treatment to address both immediate and long-term concerns. Provider with knowledge of trafficking

50. Dependency Issues & Child Trafficking LGBTQ
LGBTQ youth are especially vulnerable to trafficking because they often lack strong supports and resources.
Always advocate for the Child’s Personal Identity Development as required by GAL Standard 2.H.
Ensure providers are LGBTQ friendly and understand the special needs of LGBTQ youth who are victims of trafficking

51. Dependency Issues & Child Trafficking Extending Foster Care
92% of Florida’s youth that are victims of CSE are between the age of
Explain benefits of Extending Foster Care. § , F.S
Explain the importance of remaining in programs
Ability to opt back into foster care system

52. Dependency Issues & Child Trafficking Non-Citizen Victims
There are special immigration issues that arise with Non Citizen Victims.
Use interpreter(s) when necessary, but screen to ensure they understand dynamics of trafficking

53. Dependency Issues & Child Trafficking Non-Citizen 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
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

54. ADDITIONAL RESOURCES Legal Best Practices
DCF Human Trafficking Information
DJJ Training Videos
Child Trafficking Checklist

55. This concludes the “Child Trafficking” Child’s Best Interest Attorney training.