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34 U.S.C. § 20705aEnhancing the ability of State, local, and Tribal child welfare agencies to identify and respond to children who are, or are at risk of being, victims of trafficking

submitted 3 years ago by Pub. L. 109-164 to r/title-34-CRIME-CONTROL-AND-LAW-ENFORCEMENT · 783 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of Health and Human Services can give grants to states. The money helps child welfare agencies find and help children who are trafficking victims.

(a) Grants to enhance child welfare services. The Secretary of Health and Human Services may give grants to eligible states. States use the money to build or improve programs. These programs help state, local, or tribal child welfare agencies find and respond to two groups of children: (1) children counted as victims of "child abuse and neglect" and "sexual abuse" under another law, because they are victims or at risk of being victims of a severe form of trafficking; and (2) children the agency is already responsible for placing, caring for, or supervising, when there is reasonable cause to believe they are, or are at risk of being, a victim of one or more severe forms of trafficking. (b) Definitions. (1) Child. A "child" is someone under 18, or older if the state has chosen an older age under the Social Security Act. A state can choose to cover people up to age 26 if it wants. (2) Eligible state. A state is "eligible" if it has not already gotten more than 3 grants under this section, and it meets at least one of these: (A) The state has dropped, or will drop, any rule requiring proof of a controlling third party before a child counts as a trafficking victim for child welfare services. (B) The state treats a child as a trafficking victim whenever the child is a victim of a severe form of trafficking, using the definition in another law (22 U.S.C. § 7102(11)(A)). (C) The state agency that runs the state's foster care and adoption assistance plan has built, or will build, protocols that meet three reporting deadlines: (i) report a child identified as a severe trafficking victim to law enforcement within 24 hours of learning about it; (ii) report a missing or abducted child — including a "runaway" — to law enforcement within 24 hours, so it reaches the FBI's National Crime Information Center and the National Center for Missing and Exploited Children; and (iii) report to the Secretary of Health and Human Services the total number of children who are victims of child human trafficking. (D) The state has built, or will build, a special protocol for responding to a child trafficking victim. The protocol must focus on the child's specific safety needs, and must include a separate way to investigate cases where the accused trafficker is not the child's parent or caregiver — one that does not force the case through the usual process for other abuse or neglect, which normally requires filing an abuse or neglect petition. (3) Indian tribe; tribal organization. These terms mean the same as they do in 25 U.S.C. § 5304. (4) State. "State" means each of the 50 states, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands. It also includes an Indian tribe, tribal organization, or tribal consortium that has an approved foster care plan under the Social Security Act, or that gets funding to provide foster care under a cooperative agreement or contract with a state.
the actual law source: uscode.house.gov ↗public domain
(a) Grants to enhance child welfare services

The Secretary of Health and Human Services may make grants to eligible States to develop, improve, or expand programs that assist State, local, or Tribal child welfare agencies with identifying and responding to—

(1)

children considered victims of “child abuse and neglect” and of “sexual abuse” under the application of section 5106g(b)(1) of title 42 because of being identified as being a victim or at risk of being a victim of a severe form of trafficking in persons; and

(2)

children over whom such agencies have responsibility for placement, care, or supervision and for whom there is reasonable cause to believe are, or are at risk of being a victim of 1 or more severe forms of trafficking in persons.

(b) Definitions

In this section:

(1) Child

The term “child” means an individual who has not attained 18 years of age or such older age as the State has elected under section 475(8) of the Social Security Act (42 U.S.C. 675(8)). At the option of an eligible State, such term may include an individual who has not attained 26 years of age.

(2) Eligible State

The term “eligible State” means a State that has not received more than 3 grants under this section and meets 1 or more of the following criteria:

(A) Elimination of third party control requirement

The State has eliminated or will eliminate any requirement relating to identification of a controlling third party who causes a child to engage in a commercial sex act in order for the child to be considered a victim of trafficking or a victim of 1 or more severe forms of trafficking in persons for purposes of accessing child welfare services and care.

(B) Application of standard for human trafficking

The State considers a child to be a victim of trafficking if the individual is a victim of a severe form of trafficking in persons, as described in subparagraph (A) of section 7102(11) of title 22.

(C) Development and implementation of State child welfare plan protocols

The State agency responsible for administering the State plan for foster care and adoption assistance under part E of title IV of the Social Security Act (42 U.S.C. 670 et seq.) has developed and is implementing or will develop and implement protocols that meet the following reporting requirements:

(i)

The requirement to report immediately, and in no case later than 24 hours after receiving, information on children who have been identified as being a victim of a severe form of trafficking in persons to law enforcement authorities under paragraph (34)(A) of section 471(a) of the Social Security Act (42 U.S.C. 671(a)).

(ii)

The requirement to report immediately, and in no case later than 24 hours after receiving, information on missing or abducted children to law enforcement authorities, including children classified as “runaways”, for entry into the National Crime Information Center (NCIC) database of the Federal Bureau of Investigation, and to the National Center for Missing and Exploited Children, under paragraph (35)(B) of such section [42 U.S.C. 671(a)(35)(B)].

(iii)

The requirement to report to the Secretary of Health and Human Services the total number of children who are victims of child human trafficking under paragraph (34)(B) of such section [42 U.S.C. 671(a)(34)(B)].

(D) Trafficking-specific protocol

The State has developed and implemented or will develop and implement a specialized protocol for responding to a child who is, or is at risk of being, a trafficking victim to ensure the response focuses on the child’s specific safety needs as a victim of trafficking, and that includes the development and use of an alternative mechanism for investigating and responding to cases of child human trafficking in which the alleged offender is not the child’s parent or caregiver without utilizing existing processes for investigating and responding to other forms of child abuse or neglect that require the filing of an abuse or neglect petition.

(3) Indian tribe; tribal organization

The term “Indian tribe” and “tribal organization” have the meanings given those terms in section 5304 of title 25.

(4) State

The term “State” means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. Such term includes an Indian tribe, tribal organization, or tribal consortium with a plan approved under section 479B of the Social Security Act (42 U.S.C. 679c), or which is receiving funding to provide foster care under part E of title IV of such Act [42 U.S.C. 670 et seq.] pursuant to a cooperative agreement or contract with a State.

Source credit: (Pub. L. 109–164, title II, § 204A, as added Pub. L. 117–347, title I, § 104(a)(1), Jan. 5, 2023, 136 Stat. 6201.)

history & why it existsrecord from the source credit
  • 2023Enacted · Pub. L. 109-164 · 136 Stat. 6201

A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-164 on 2023-01-05.

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