PRIA, Government Policy, Made Personal

Summary

The federal government can give grants to eligible States to build or improve programs that help State, local, and Tribal child welfare agencies find and help children who are victims of, or at risk of, severe human trafficking. The grants cover two kinds of children: those who are treated as victims of abuse or sexual abuse because they’ve been identified as victims or at risk of severe trafficking, and children in foster care or under agency supervision when there is reasonable cause to believe they are victims or at risk of one or more severe forms of trafficking. Definitions (one line each): Child — someone under 18 (or the older age a State picked under a related law); may include people under 26 if the State chooses. Eligible State — a State that has not gotten more than 3 grants under this rule and meets at least one test, such as removing a requirement that a third party control the child, treating a child as a trafficking victim when they suffered a severe form of trafficking, having or planning quick-reporting rules that send information to law enforcement and missing-children centers no later than 24 hours and report totals to HHS, or having a special trafficking response that focuses on the child’s safety and uses an alternate way to investigate non-caregiver offenders without filing a standard abuse/neglect petition. Indian tribe; tribal organization — defined by existing law. State — means the 50 States, DC, Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and qualifying tribal entities.

Title 34, §20705a

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(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

(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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Social Security Act, referred to in subsec. (b)(2)(C), (4), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Part E of title IV of the Act is classified generally to part E (§ 670 et seq.) of subchapter IV of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

§20705a Enhancing 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

Summary

Title 34, §20705a

Notes & Related Subsidiaries

Editorial Notes

References in Text

Citations & Metadata