C7.43 Survivors and Those at Risk of Human Trafficking

Introduction

​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​This standard of practice (SOP) establishes requirements and provides instructions for staff when children/youth who are in the custody of the Cabinet for Health and Family Services (CHFS/Cabinet) are believed to be survivors or at risk of human trafficking. For this SOP, victims of human trafficking include all children or youth in the custody of the Cabinet, including those between the ages of eighteen (18) and twenty-one (21). The level of DCBS involvement will be individualized and in correlation to the assessed safety threats and risk factors of the child or youth.

The level of Department for Community Based Service (DCBS) involvement will be individualized and in correlation to the assessed safety threats and risk factors of the child/youth.

Kentucky enacted legislation to address human trafficking, with a focus on protecting children/youth through Safe Harbor provisions and improving strategies in addressing child/youth trafficking. This legislation provides a framework for child-serving agencies to institute child/youth trafficking initiatives by providing access to services and protections for victims. This SOP was implemented to enhance interagency collaboration, improve coordinated community response, and ensure high-quality services from assessment to treatment that address the individualized needs of trafficking victims.


Practice Guidance

DCBS will ensure the screening of children/youth who are at high-risk of trafficking using the Vera Institute of Justice Trafficking Victim Identification Tool (TVIT) and provision of trauma-informed services. Due to the potential dangers, if the child or youth’s SSW has reason to believe the child/youth is a victim of human trafficking, the SSW is to consider the event as requiring intensive intervention. 

Rapid screening of children/youth at high-risk of trafficking will guide both investigation and service planning for the child/youth. A child/youth who has a positive rapid screener for human trafficking is appropriate for services regardless of investigative outcome. The Family First Prevention Services Act (FFPSA) designates a specialized residential treatment setting that provides high-quality residential care. This residential setting provides supportive services to children/youth who have been found to be, or are at risk of becoming, victims of sex trafficking. Kentucky has defined those children/youth who are at risk of sex trafficking as having at least one of the following indicators: 
  • One or more out-of-home care (OOHC) episodes;
  • ​A history of child/youth missing from care;
  • Previous/current allegations of sexual abuse;
  • Previous/current allegations of human trafficking; or 
  • Previous or current Department of Juvenile Justice (DJJ) involvement. 
​Specialized residential treatment programs must meet guidelines and requirements to be designated as specialized in service provision to children/​youth who have been or are at risk of being trafficked. 

Children and youth who are survivors of human trafficking often do not recognize the risks or identify themselves as victims. When making placement decisions for a child or youth who has been trafficked, prioritize their safety by minimizing the risk of contact with the trafficker. Inform only individuals who absolutely need to know the child or youth's new placement, and keep the location confidential to prevent the trafficker from obtaining this information.  Determine who requires knowledge of the new placement and why.  Protect the privacy and identity of the child or youth victim at every step. In cases requiring immediate relocation, move the child or youth first, and then communicate openly with them once they are safe. Consider carefully whether to disclose the new location to the trafficked child or youth and others at the placement or facility, based on safety needs.




Procedure

The SSW:

  1. Administers the TVIT Short Version ​rapid screener for human trafficking immediately upon a child or youth's entry into OOHC or when residential placement is being considered. 
    1. ​Ensure that the child's developmental age is consistent with their chronological age when determining if screening is appropriate.;
    2. If a child or youth disclosed trafficking, do not complete the rapid screener; rather, proceed with the TVIT Long Version; 
  2. ​​Documents the screener results and completion date in the appropriate TWIST screen: Completes the following steps when screening results indi​cate administration of an in-depth human trafficking screener is needed: 
    1. Case composition, special services, human trafficking screening; 
  3. ​Applies the special population designation in individual TWIST screens if any of the factors below are present: 
    1. Youth is pregnant; 
    2. Parenting youth (including fathers);
    3. Victim of labor trafficking; 
    4. Victim of sex trafficking; or 
    5. At risk of sex trafficking as evidenced by the following;
      1. One or more OOHC episodes;
      2. A history of child or youth missing from care;
      3. Previous or current allegations of sexual abuse;
      4. Previous or current allegations of human trafficking; or 
      5. Previous or current Department for Juvenile Justice (DJJ) involvement. 
  4. ​​​Ensures all supporting documentation is uploaded into TWIST and pertinent treatment information is shared with behavioral health providers;
  5. ​Considers the results of screening when determining if the child or youth has immediate or ongoing needs that will impact placement and/or treatment:
    1. ​If a child has been or is at risk of being trafficked and cannot initially be placed with a non-custodial​ parent or a relative, the child should then be placed in the most appropriate, least restrictive placement available;
    2. If a child’s behavioral health needs warrant treatment in a residential setting and they are a survivor or at risk of human trafficking, the child or youth should be placed in a corresponding specialized treatment program when possible;
    3. Survivors of sex trafficking may have significantly more intense medical needs than other youth in OOHC, particularly reproductive health needs. Survivors will need timely access to medical providers to address health needs, including
      1. ​​Reproductive health needs (e.g., sexually transmitted infections, pregnancy, abortions);
      2. Injuries;
      3. Infections (e.g., tuberculosis, scabies);
      4. Malnutrition; and
      5. Untreated chronic conditions. 
  6. ​Ensures that the private child-placing (PCP) or private child-caring (PCC) behavioral health provider administers the TVIT Short Version as follows,  if applicable: 
    1. ​​PCP:
      1. ​Within seven (7) calendar days of placement;
      2. After incidents of a child or youth missing from care;
      3. As part of discharge planning, if residential treatment is being considered; and
      4. Any time other risk factors are identified.1
    2. ​PCC:
      1. ​After incidents of a child or youth missing from care;
      2. As part of discharge planning, if residential treatment is being considered; and 
      3. Any time other risk factors are identified.2
  7. ​​​Completes the following steps, with rapid screening results indicating an in-depth human trafficking screener is needed:
    1. ​Follows the procedure detailed in SOP C2.15 Investigations of Human Trafficking​;
    2. Shares the results of the TVIT Short Version screening with the behavioral health provider for children not served by a PCC/PCP;
      1. ​​If the child or youth does not have an established service provider, SSW should submit a referral for behavioral health services and share the screener results with the provider. 
    3. Forwards the rapid screening results to the human trafficking lead in the Child Protection Branch;
    4. Shares results of the TVIT Short Version with the recruitment and certification(R&C) worker and/or PCC or PCP case manager, based on placement;
    5. Ensures administration of the TVIT Long Version human trafficking screener by the child’s behavioral health provider within seven (7) calendar days of placement; and
    6. Documents the date of the TVIT Long Version screener and results in appropriate TWIST screens;
    7. Will discuss with the FSOS in monthly case consults following the screening results being provided.
      1. ​​May consult with the FSOS and regional staff to discuss the needs of the child or youth from information provided on the placement summary request. ​
  8. ​​Ensures the completion of or update to the Comprehensive Standardized Assessment by the child’s behavioral health provider to guide treatment planning and therapeutic services;
  9. Assesses the child’s risk of harm from a trafficker or subsequent commercial exploitation.3 
    1. ​For any child or youth who is at high-risk of harm from a trafficker or subsequent commercial exploitation, the SSW convenes a safety meeting to incorporate prevention strategies and safety measures into the child or youth's case plan based on individual risk factors. Document the safety meeting in the TWIST service recording in detail;
      1. ​Safety meetings should be held face-to-face when possible, though virtual platforms (e.g., Teams, telephone, etc.) are acceptable. 
    2. ​If a prevention strategy is necessary and urgency dictates that a plan be implemented prior to the scheduling of a safety meeting, then SSW will follow the procedure in SOP C4.2 CPS Prevention Planning​.  
  10. ​​Modifies the case plan during the safety meeting to describe how an effective level of supervision will be provided during the following routine activities, ensuring to include phone and internet access. Integrate any specific tasks for the child or youth into their case plan;
    1. Discussion about the prevention strategies and safety measures that the child or youth will use if they have any contact with the trafficker or with another person acting on behalf of the trafficker. SSW is encouraged to document the child's or youth's​​ understanding of their safety in relation to the identified concerns, and their level of engagement in developing safety strategies to reduce future risk. SSW will document the discussion with the youth in TWIST service recordings.
    2. When planned supervision is required in placement, SSW shall discuss the required supervision with the caregiver or facility staff and document the details of the planned supervision in TWIST service recordings;
    3. When planned supervision is required in the school setting, SSW shall contact applicable staff at the child’s school to share information relating to the child’s unique needs and ensure that school staff are aware of safety threats and risk factors. Details of communication with school staff should be documented in TWIST service recordings. 
      1. SSW will obtain all required signatures on the DCBS-1 Informed Consent and Release of Information and Records and/or DCBS-1A Informed Consent and Release of Information Records Supplement form regarding the youth who requires planned supervision;
    4. When planned supervision is required for the youth to participate in recreational or community activities, SSW shall discuss the required supervision with the caregiver or facility staff and document the details of the planned supervision in TWIST service recordings. 
      1. SSW will obtain all required signatures on the DCBS-1 Informed Consent and Release of Information and Records and/or DCBS-1A Informed Consent and Release of Information Records Supplement form regarding the youth who requires planned supervision.
    5. Termination of the human trafficking prevention strategy on the child’s case plan will be determined by the child's treatment team during a safety meeting.
      1. ​Meeting participants must consider the following factors when assessing the need for an ongoing prevention strategy on the case plan regarding risk of harm from a  trafficker or subsequent commercial exploitation:
        1. The youth’s current behaviors and behavioral changes, including the youth’s ability to monitor and manage his/her behavior and his/her safety effectively;
        2. The youth’s support network; and
        3. The amount and type of contact, if any, the youth has with the trafficker or another person acting on behalf of the trafficker.

Central Office Staff will:
  1. Conduct a case review for each child/youth referred to residential placement to assess for appropriate special population designation; 
  2. Share pertinent information with the child or youth’s provider(s) to guide treatment planning and therapeutic services;
  3. Apply the appropriate special population designation in TWIST if any of the factors below are present and no designation has been made:
    1. Youth is pregnant; 
    2. Parenting youth (including fathers);
    3. Victim of labor trafficking;
    4. Victim of sex trafficking; or
    5. At risk of sex trafficking as evidenced by the below:
      1. One or more out-of-home care (OOHC) episodes;
      2. A history of child or youth missing from care;
      3. Previous or current allegations of sexual abuse;
      4. Previous or current allegations of human trafficking; or 
      5. Previous or current Department of Juvenile Justice (DJJ)  involvement.   
  4. ​Document completion of the case review, sharing of pertinent treatment information, and special population designation in TWIST service recordings.

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​Footnotes

  1. ​​​​Reference Human Trafficking: At Risk Populations, Indicators, and Protective Factors.
  2. Reference Human Trafficking: At Risk Populations, Indicators, and Protective Factors.
  3. Reference Human Trafficking: At Risk Populations, Indicators, and Protective Factors.




Revisions