Ky.gov
Effective: 10/19/2022

2.15.9 Investigations of Human Trafficking

Legal Authority

Introduction

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In Kentucky, a report of human trafficking involving a minor requires a child welfare response, regardless of whether the alleged trafficker is the parent, custodial guardian, or non-caretaker.

According to KRS 529.010, human trafficking refers to criminal activity whereby one (1) or more persons are subjected to engage in forced labor services or commercial sexual activity through the use of force, fraud, or coercion, except that if the trafficked person is under the age of eighteen (18), the commercial sexual activity need not involve force, fraud, or coercion. Under federal and state laws regarding labor trafficking, the law does not differentiate between children and adults, therefore children must encounter force, fraud, or coercion to be victims of labor trafficking.

 Human trafficking can be found in overt situations, such as an individual specifically offering money, drugs, alcohol, etc. to a minor for sexual favors, or a minor is seen working in dangerous situations and reports being forced to pay off a “debt" to their employer. Human trafficking can be hard to detect due to the covert nature. An example of a covert form of human trafficking includes a parent/guardian benefitting from an illegal relationship between their minor child and an adult. This could be the parent “turning a blind eye" to what is going on, in exchange for getting rides to the store, childcare, groceries, etc. Survival sex is engaging in sexual intercourse or sexual acts to secure basic human needs, such as food, clothing, shelter, etc. These acts can be in person sexual intercourse or sending inappropriate photographs online. This is a form of commercial sexual exploitation. A minor does not have to have a “trafficker" to be considered a victim of human trafficking with this version of exploitation.

Kentucky, receives reports regarding commercial sex trafficking and labor trafficking of minors. Sometimes, both forms of trafficking can be present in one case.

In some cases, the perpetrator is an unknown individual. An unknown perpetrator does not limit DCBS' ability to make the appropriate finding. Also, if street names or nick names are discovered during the course of the investigation, intake/individual information within the investigation should be updated and reported to the Child Protection Branch for monitoring purposes. 

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Practice Guidance

Procedure

The SSW:

  1. Initiates the report within four (4) or twenty-four (24) hours of receipt based on the Structured Decision Making® (SDM®) response time; 
  2. Investigates the report jointly with law enforcement:
    1. Interviews the perpetrator, only with law enforcement; and
    2. Shares information throughout the investigation.
  3. Conducts forensic interviews of child victims at the Children's Advocacy Center (CAC) in joint cooperation with law enforcement (KRS 620.040(6)) unless it can be confidently ruled out that the trafficking incident did not occur;
  4. Conducts interviews relevant to the investigation;
  5. Assesses the child’s safety throughout the investigation;
  6. Utilize the SDM® Safety Assessment and SDM® Risk Assessment on appropriate familial cases. SDM® assessments will not be utilized on non-caretaker cases.
  7. Consults with the local multidisciplinary team (MDT) and presents the investigation to the team, KRS 620.040(7)(d);
  8. Makes reasonable efforts to keep or reunite the child(ren) with their parents;
  9. Makes appropriate service referrals for victims and their family members;
  10. Includes an assessment of the individual who is responsible for the human trafficking, even if the individual is a non-caretaker;
  11. Initiates court activity, as necessary, to ensure the child(ren)’s safety;
  12. Makes a finding based on the information obtained regarding the alleged trafficking incident(s); 
  13. Mails the appropriate findings letters and appeals forms to caretaker perpetrators per SOP 2.22 Making a Finding, Notifications, and Court Involvement; and
  14. Non-caretaker perpetrators do not receive a notification of findings letter.

Contingencies and Clarifications

  1. Caretaker perpetrators may only have substantiated, unsubstantiated, or services needed findings.
  2. Non-caretaker perpetrators may only have confirmed or not confirmed findings.
  3. When child sexual abuse material is found on an electronic device, the following should occur:
    1. Contact law enforcement;
    2. Do not turn off the phone;
    3. Do not take possession of the phone; and 
    4. Do not ask for or allow relatives/caregivers to send the SSW the pictures.
      1. If the pictures are sent, the SSW should not open them. SSW should contact the Commonwealth Office of Technology (COT) and law enforcement to have the phone taken and cleaned/wiped.
  4. Notify the child’s attorney that the child may be a victim of human trafficking (status offender only);
  5. Contact other states to request courtesy interviews for identified individuals who may have information relevant to the investigation;
  6. In cases of non-caretaker trafficking, inform the parent/guardian verbally or in writing on agency letterhead by drafting a brief letter regarding the finding. Contents of the letter should be decided on a case-by-case basis. 
  7. When referring a victim and/or family for services, reach out to the Child Protection or Out-of-Home Care (OOHC) Branch for assistance in finding services in the related area.
  8. The only time it is appropriate not to request a forensic interview for the alleged victim is when the worker can confidently rule out the allegations of human trafficking during initiation and the SSW has discussed with the FSOS and regional management. 
  9. SSW should request consultation with the Child Protection Branch (502-564-2136 or DCBSChildProtection@ky.gov​) as needed for guidance during the investigation.


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Related Resources

  • Information on services for human trafficking victims can be accessed through:
    • National Human Trafficking Hotline (888-373-7888); and
    • National Center for Missing & Exploited Children (800-843-5678).
  • When interviewing non-English speaking individuals, refer to SOP 1.14 Limited English Proficiency for assistance. 

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Documents

Revisions