Combating Domestic Child Sex Trafficking: the Crucial Role of State Policy

Child sex trafficking is often viewed as a problem that only happens in other countries – such as Thailand or Cambodia. Many don’t realize that American children, often younger than 15, are coerced into prostitution in communities all over the US. According to the Bureau of Justice Statistics, 83% of the victims in confirmed cases of human trafficking are U.S. citizens.  There are also widespread misconceptions that trafficking victims ‘choose’ the prostitution ‘lifestyle’; in reality, many children who have been trafficked are only 10-14 years old when they are first victimized by pimps and well below the age of consent.

Last week the Senate Committee on Finance held a full committee hearing entitled Sex Trafficking and Exploitation in America: Child Welfare’s Role in Prevention and Intervention to explore the issue. Witness testimony highlighted:

·         the need to promote public awareness of the issue of domestic child sex trafficking, especially among youth at risk of exploitation;

·         the lack of housing and trauma-informed care for exploited children;

·         the potential role of the child welfare system in preventing child trafficking and helping survivors;

·         the importance of training for law enforcement, educators, social workers and others who work with children; and

·         the need for legal recognition of children who have been trafficked as survivors of child sexual abuse, not as juvenile offenders or ‘child prostitutes’.

Although the Trafficking Victims Prevention Act of 2000  recognizes minors under 18 who have been induced to perform commercial sexual acts as human trafficking victims, child survivors of sex trafficking are still often arrested and put on probation or in juvenile detention. Some state policymakers have attempted to resolve this issue by passing legislation such as ‘Safe Harbor’ laws that protect child survivors of commercial sexual exploitation from being prosecuted for prostitution and require that agencies recognize them as survivors of sexual abuse rather than viewing them as criminals. States that have already passed such legislation include Connecticut, Florida, Illinois, Minnesota, New York, Vermont, and Washington State. A bill has been proposed and is currently being considered in the U.S. Senate which would extend such protections to child survivors nationwide.

In addition to concerns about the legal status of children who have been trafficked, witness testimony emphasized the need for effective, trauma-informed services to help children who have been trafficked and the role of the child welfare system in ensuring children get the services they need. In her witness testimony, Asia Graves, Maryland Outreach Services Coordinator and Survivor Advocate at FAIR Girls in Baltimore, stated that funding for emergency and transitional housing for homeless youth is urgently needed—in particular, dedicated beds for youth who have been exploited by sex traffickers. Homeless youth often have to choose either sleeping outside or returning to the pimps who have been exploiting them. Faced with the dangers of sleeping out on the streets, many children return to the adults who have been abusing and prostituting them. According to Graves, agencies and non-profits often have to ‘fight’ each other for beds so that the homeless and exploited youth they serve can have a safe place to sleep and sometimes resort to staying with sleeping children in hotel lobbies over night.

The testimony of all four witnesses emphasized that reform of the child welfare system is key. A large proportion of children who are trafficked have already been involved in the child welfare system and many are still legally in systems of care while being trafficked. According to the witness testimony of Susan Goldfarb, Executive Director of the Children’s Advocacy Center of Suffolk County, over 70% of trafficked children in the Boston area had a previous history of abuse and/or neglect and child welfare involvement. The Commissioner of the Connecticut Department of Children and Families, The Honorable Joette Katz, stated in her testimony that in Connecticut, 98% of children who are identified as survivors of sex trafficking had previous involvement with child welfare services, and many were legally in the care and custody of the Connecticut Department of Children and Families while they were being prostituted by traffickers. Ms. Goldfarb raised concerns that when children have been abused by someone who is not a caregiver, often the child welfare system does not intervene even when a report is made. Ms. Goldfarb stated that the child welfare system needs to view survivors of child sex trafficking as ‘their kids’ in order to ensure that children get the protection and services that they need. The witnesses highlighted the crucial importance of providing trafficked youth with the specialized foster care and trauma-informed services that they need to heal and stay safe once they have escaped their exploiters.

Some states have implemented policies to better protect children from sex trafficking and address the related issues in the child welfare system. Connecticut now accepts all cases of child sex trafficking through its Careline (the child welfare intake and information center) whether or not the alleged perpetrator is the ‘entrusted’ caregiver. The state has established an Interagency Human Anti-Trafficking Response Team (HART) led by the Connecticut Department of Children and Families which reviews and monitors Careline to ensure an appropriate response to children’s needs (including for victims with still unsubstantiated cases) and coordination with FBI and Homeland Security to ensure cases of child sex trafficking are prosecuted to fullest extent of state and federal law.

To help raise awareness, the Georgia Department of Education has partnered with Street Grace, a nonprofit dedicated to ending domestic minor sex trafficking, to launch an initiative to educate teachers and students throughout the state about the exploitation of children. The Georgia Attorney General has also launched a public awareness campaign around the issue. In Texas, H.B. 4009 created a Human Trafficking Prevention Task Force to address the issue statewide and mandated that all newly-licensed law enforcement officers receive training on human trafficking.

State policymakers may want to re-examine the legal framework to protect survivors of child sex trafficking in their state, the measures currently in place to prevent sex trafficking, and the programs and policies in place to address trauma and ensure that survivors get the help they need. They may also want to consider the training and education programs currently available to professionals that work with youth and to youth themselves to reduce their vulnerability to sex traffickers.

For more information about how policymakers can support the well-being of children and families and for policy strategies aimed at preventing abuse and neglect please visit PolicyforResults.org.  

Dept. of Justice Takes Action Against Racial Discrimination in Schools

Youth of color are overrepresented at nearly every point of contact with the juvenile justice system, and they are more likely to be incarcerated and to serve more time than white youth. Disproportionate minority contact with the juvenile justice system has resulted in the startling fact that 1 in 3 Black boys and 1 in 6 Latino boys born in 2001 are at risk of imprisonment in their lifetime. Much of this contact with the justice system begins with inappropriate and discriminatory discipline practices in schools. This past Friday, the United States Department of Justice took action against a school district in Mississippi for violating Title IV of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, among other bases, in public schools.

The Justice Department announced that, jointly with the Meridian Public School District in Meridian, Miss., and private plaintiffs, it has filed a landmark consent decree to prevent and address racial discrimination in student discipline in district schools.  If approved by the court, the proposed consent decree will resolve the department’s investigation into complaints that the district unlawfully and disproportionately subjects black students to suspension, expulsion and school-based arrest, often for minor infractions.  In the course of the investigation, the department found that black students frequently received harsher disciplinary consequences, including longer suspensions, than white students for comparable misbehavior, even where the students were at the same school, were of similar ages, and had similar disciplinary histories. The consent decree would amend a longstanding federal school desegregation decree enforced by the United States, which prohibits the district from discriminating against students based on race.

The consent decree:

• Limits exclusionary discipline such as suspension, alternative placement and expulsion, and prohibits exclusionary discipline for minor misbehavior;
• Prohibits school officials from involving law enforcement officers to respond to behavior that can be safely and appropriately handled under school disciplinary procedures;
• Requires training for school law enforcement officers on bias-free policing, child and adolescent development and age appropriate responses, practices proven to improve school climate, mentoring and working with school administrators ;
• Revises policies at the district’s alternative school to create clear entry and exit criteria and provide appropriate supports to speed students’ transitions back to their home schools;  
• Requires enhanced due process protections in student discipline hearings;
• Expands use of a behavior and discipline management system known as positive behavior intervention and supports (PBIS) at all schools;
• Requires teachers and administrators to use developmentally appropriate tiered prevention and intervention strategies before removing students from instruction;
• Requires monitoring of discipline data to identify and respond to racial disparities;
• Requires training on all revised policies and procedures; and
• Implements measures to engage families and communities as partners in revising policies and as participants in regular school and community informational forums.

All schools should make it a priority to ensure that they are not disproportionately sending students of color to become involved with the criminal justice system, thereby damaging their track to healthy development. It is possible to ensure the safety of all students and creating an environment conducive to learning, while at the same time appropriately disciplining delinquent behavior. CSSP’s Youth Thrive initiative builds a model for the healthy development and well-being of youth by increasing protective and promotive factors while reducing risk factors.

There is a role for policymakers in this process, especially state and local officials because the juvenile justice system is administered at the state level. See the Center for the Study Policy’s section on Reducing Juvenile Detention for a number of policy recommendations for reducing racial disparities. Also, stay tuned for a new Policy for Results section on Preventing Juvenile Delinquency.

Alternatives to Confining Youth in Solitary

October is National Youth Justice Awareness Month, and the Campaign for Youth Justice is taking the opportunity to educate the public about youth incarcerated in the adult criminal justice system. Even though the ideas behind laws for sentencing and incarcerating children as adults have been debunked, there are still 250,000 youth on an annual basis in the United States that are tried, sentence or incarcerated as adults. A particularly disturbing aspect of housing youth in adult facilities is that they can be subject to solitary confinement, which has more profound negative impact on youth than on adults.

A new report from the ACLU and Human Rights Watch, “Growing Up Locked Down: Youth in Solitary Confinement in Jails and Prisons Across the United States,” is based on interviews and correspondence with more than 125 youth in 19 states who spent time in solitary confinement while under age 18.

The bare social and physical environment makes youth feel doomed and abandoned, or in some cases, suicidal, and can lead to serious physical and emotional consequences. Youth in solitary confinement describe cutting themselves with staples or razors, hallucinations, losing control of themselves, or losing touch with reality. They talk about only being allowed to exercise in small metal cages, alone, a few times a week; about being prevented from going to school or participating in any activity that promotes growth or change. Oftentimes they are denied visitation from family and relatives.

Experts assert that youth are psychologically unable to handle solitary confinement with the resilience of an adult. And, because they are still developing, traumatic experiences like solitary confinement may have a profound effect on their chance to rehabilitate and grow. Solitary confinement can exacerbate, or make more likely, short and long-term mental health problems. The most common deprivation that accompanies solitary confinement, denial of physical exercise, is physically harmful to adolescents’ health and well-being.

Youth can be guilty of crimes with significant consequences for victims, their families, and their communities. The state has a duty to ensure accountability for serious crimes, and to protect the public. But states also have special responsibilities not to treat youth in ways that can permanently harm their development and rehabilitation. Fortunately, there is a way to accomplish both public safety and the safety of the youth who have committed crimes.

Solitary confinement is costly, ineffective, and harmful with consequences for both the youth and the general public. Youth who have experienced solitary confinement return to their communities with psychological damage, social deprivation, and the deprivation of essential services such as mental health counseling and education. This puts them at an increased risk to commit more crimes that will reinvolve them with the justice system, and puts them at a disadvantage for acquiring stable employment.

The ACLU’s report describes a number of better policies that policymakers could implement as alternatives to solitary confinement. Youth can be better managed in facilities designed to meet their unique needs, staffed with specially trained personnel, and organized to encourage positive behaviors. Another useful step would be to conduct a review of laws, policies and practices that result in youth being held in solitary confinement to get a better sense of what would be necessary to end this practice.

Of course, the most effective way to reduce youth being held in solitary confinement would be to keep youth entirely out of adult detention facilities. Never housing youth in adult facilities will both help better rehabilitate adolescents and better ensure the safety of our communities. For more details, visit the Policy For Results website on policies that can reduce juvenile detention. Rather than continuing a practice like solitary confinement, which does much harm and no good, policymakers can reform the juvenile justice system so that youth are guaranteed the ability to grow, be rehabilitated, and reenter society successfully.

Sign up on policyforresults.org for updates on results-based public policy strategies for preventing juvenile delinquency and ensuring quality juvenile justice services – coming soon!