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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.
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.
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.