Responding to Human Trafficking among Children and Youth in Foster Care and Missing from Foster Care

INFORMATION MEMORANDUM

Purpose

The purpose of this joint Information Memorandum (IM) from the Administration on Children, Youth, and Families (ACYF); Children’s Bureau (CB); Family and Youth Services Bureau (FYSB); and the Office on Trafficking in Persons (OTIP) within the Administration for Children and Families (ACF) at the U.S. Department of Health and Human Services (HHS) is to elevate resources available to assist states in meeting legal requirements intended to protect children and youth in the child welfare system, from negative outcomes associated with human trafficking. The IM provides an overview of federal statutes related to human trafficking among children and youth in the child welfare system and highlights resources to meet those requirements.  Resources include guidance, best practices, recommendations, training, and technical assistance.

Background

Human Trafficking

Human trafficking is a public health issue that impacts individuals, families, and communities.  Certain populations are disproportionately at risk including individuals who have experienced, or been exposed to, other forms of violence, such as child abuse and maltreatment, interpersonal violence and sexual assault, community violence, and gang violence.  Individuals disconnected from stable support networks (youth who have left home due to family conflict or other crises, youth experiencing homelessness or housing instability, children and youth in foster care, unaccompanied minors, people displaced during natural disasters, etc.) are also at greater risk.

The Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7102), defines “severe forms of trafficking in persons” as follows:

• Sex trafficking: the recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a person for the purpose of a commercial sex act, in which the commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; (and)
• Labor trafficking: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

Any minor in the community, including in foster care, who experiences forced labor or commercial sex (sex act in exchange for something of value) is a victim of a severe form of trafficking in persons.  If the youth is 18 or older, there must be force, fraud, or coercion associated with the concerns of commercial sex for that youth to be considered a victim of a severe form of trafficking. 

Missing from Foster Care

Children and youth who are missing, or have run away from, foster care have a greater likelihood of experiencing adverse outcomes, including human immunodeficiency virus infection, substance use, academic underperformance, and involvement with the juvenile justice system.[1]  Research supports an association between running away from home and increased vulnerability for experiencing sexual exploitation and human trafficking.  The National Center for Missing and Exploited Children (NCMEC) estimates that 19 percent of children and youth who ran away from foster care likely experienced sex trafficking.[2]

According to reports within ACF from state child welfare agencies, as of September 30, 2020, 4,831 children and youth (approximately one percent of all children and youth in foster care) were considered missing or on runaway status.[3]  In fiscal year (FY) 2020, according to data reported in the National Child Abuse and Neglect Data System (NCANDS) by 35 states, 953 children and youth were determined by child welfare agencies to have experienced sex trafficking.[4]  A 2019 study analyzed administrative data on nearly 37,000 youth aged 10 or older with at least one foster care placement in Florida between 2011 and 2017.[5]  

This study found the following:

• Approximately seven percent of those youth were reported as experiencing human trafficking during a runaway episode.
• Over 37 percent of those youth ran from care more than 10 times before experiencing human trafficking.
• For 70 percent of those youth, the first human trafficking allegation occurred during a foster care runaway episode.

National Advisory Committee on the Sex Trafficking of Children and Youth in the United States

As required under the Preventing Sex Trafficking and Strengthening Families Act of 2014 (Public Law 113-183), ACF established the National Advisory Committee on the Sex Trafficking of Children and Youth in the United States (Committee).  The Committee advised the Attorney General and the Secretary of Health and Human Services on the nation’s response to child and youth sex trafficking.  The Committee released the following two reports: 

• Best Practices and Recommendations Report:  The Committee released Preliminary Recommendations to Strengthen the Nation’s Response to the Sex Trafficking of Children and Youth in the United States (PDF) in January 2019.  In September 2020, the Committee released its full report of recommended best practices, Best Practices and Recommendations for States (PDF), which contains recommendations across 12 sections making up a comprehensive response.  The report has a dedicated section on child welfare with 19 recommendations, supporting resources, and examples that states may consult as they work to improve their response to the sex trafficking of children and youth.

• State Self-Assessment Survey Report:  In March 2021, the Committee released its State Self-Assessment Survey for each state to assess their work to address the sex trafficking of children and youth.  In January 2022, the Committee released its most recent report, Preliminary State Self-Assessment Survey Overview (PDF), which provides a high-level summary and descriptions of state efforts to implement the recommendations of the Committee.

Federal Laws Directing Child Welfare’s Response to Human Trafficking

Several federal laws establish requirements for federal, state, local, and tribal governments, agencies, and officials regarding service provision, screening, reporting, training, and data collection related to human trafficking among children and youth in the child welfare system, including those missing from care.  

These laws include the following:

• Justice for Victims of Trafficking Act of 2015 (Public Law 114-22)
• Preventing Sex Trafficking and Strengthening Families Act of 2014 (Public Law 113-183)
• Trafficking Victims Protection Act of 2000 (Public Law 106-386) and its reauthorizations
• Family First Prevention Services Act of 2018 (Public Law 115-123)

This IM provides guidance related to these federal statutory requirements regarding human trafficking among children and youth in the child welfare system, as well as resources from ACF to support these efforts.

Service Provision

Child welfare systems and other professionals working with children and youth may be subject to requirements about what and how they provide services to individuals who have experienced trafficking.

Federal Requirements: Service Provision

The following federal requirements for service provision for children and youth in foster care or who have gone missing from foster care may be relevant to some ACF grantees, child welfare agencies, and other organizations.

Resources:  Service Provision

ACF funds various direct services to assist children and youth.  This section includes information on some of ACF’s key programs.  See Appendix I for additional direct services and resources.

Child Welfare Agency Administrative Cost Reimbursement

Child welfare agencies can claim title IV-E administrative costs for the following:

• Developing and implementing policies and procedures for identifying, documenting, and determining appropriate services for children and youth who have experienced sex trafficking.

• Conducting sex trafficking screenings and documenting children and youth who have experienced sex trafficking in agency files. 
• Determining appropriate services for these individuals.
• Completing reports required for law enforcement and ACF of children and youth the agency identifies as having experienced sex trafficking.
• Developing and implementing protocols to locate and assess children missing from foster care, including screening children to identify if they have experienced sex trafficking.

Bulletins for Child Welfare Professionals

The Bulletin for Professionals: Human Trafficking and Child Welfare-A Guide for Caseworkers  (PDF) explores how caseworkers can identify and support children at risk, for or who have experienced, human trafficking.  It provides background information about the issue, identification and support strategies, and tools and resources that can assist caseworkers.

The Bulletin for Professionals: Human Trafficking and Child Welfare-A Guide for Agencies  (PDF) is intended for child welfare agency leadership and explores how child welfare agencies can support children at risk for, or who have experienced, human trafficking.  It provides background information about the issue, including its scope and relevant legislation and initiatives, and strategies that agencies can implement to address the trafficking of children.  State and local policy and program examples are also provided

Grants to Assist Individuals who have Experienced Trafficking

OTIP funds community-based organizations and national non-profits with grants to provide direct assistance to children and youth who have, or may have experienced, human trafficking.  Grant recipients provide comprehensive case management and referrals, including assistance with accessing housing, food, health care, mental health services, financial assistance, education, and employment services.

Runaway and Homeless Youth Settings

Human Trafficking in Youth-serving Programs: A Blueprint for Organizations Working with Street Youth, Homeless Youth, and Youth at Risk  is an introduction to important information for any youth-serving organization considering providing services to youth who are homeless and at risk for, or have experienced, human trafficking.

Reporting and Screening

Federal Requirements:  Reporting and Screening

Federal anti-trafficking laws contain specific screening and reporting requirements for child welfare agencies; mandated reporters; federal, state, and local officials; and certain federal grant recipients to assess whether children and youth have experienced human trafficking and respond to those concerns.  Requirements vary depending on the reporter and population of concern.

Resources:  Reporting

There are various resources available to support child welfare workers in complying with reporting and screening requirements under federal law.  While some of these resources are highlighted below, see the appendices for additional resources related to screening and reporting.

Reporting to the National Center for Missing and Exploited Children

Child welfare agencies can report a child missing from care directly to NCMEC at https://www.missingkids.org/theissues/missingfromcare .  A Case Worker Quick Reference Guide: Missing Child Reports to NCMEC  (PDF) further explains what information is needed when reporting a missing child to NCMEC to assist states in meeting the title IV-E foster care state plan requirements for reporting a missing child.

National Human Trafficking Hotline

The National Human Trafficking Hotline is a 24/7, confidential, multilingual hotline for individuals who have experienced trafficking and witnesses of human trafficking.  Hotline staff are trained to listen to survivors of all forms of human trafficking, provide immediate safety planning for people in crisis, field tips of suspected trafficking, and help survivors understand their options for support without judgment.  The hotline can be reached:

By phone: 1-888-373-7888

By email: help@humantraffickinghotline.org

By text: text HELP to 233733 (BEFREE)

Through online chat: www.humantraffickinghotline.org

Foreign National Minors

Foreign national minors in the United States, including unaccompanied children, who have experienced a severe form of trafficking in persons (forced labor or commercial sex) are eligible for benefits and services under the TVPA through the issuance of an Eligibility or Interim Assistance Letter from OTIP.  Visit the Child Eligibility Letter page of the OTIP website for resources on the Child Eligibility process and the Trafficking Prevention and Protection Resources for Working with Unaccompanied Children page for trainings, fact sheets, and screening tips.

If you are working with a foreign national minor and have concerns that they may have experienced forced labor or commercial sex at any point in their life and in any location, submit a Request for Assistance (RFA) through Shepherd for OTIP to connect the minor to benefits and services as determined through the issuance of an Eligibility Letter.  OTIP will accept case referrals even after the initial 24-hour period.  If you want to discuss the case with an OTIP Child Protection Specialist before submitting the RFA, you can call 202-205-4582 or email ChildTrafficking@acf.hhs.gov.

National Runaway Safeline

The National Runaway Safeline (NRS) operates the National Communication System for Runaway and Homeless Youth (RHY) program, providing 24/7 confidential supportive services to youth at risk for homelessness or who are homeless, as well as youth considering leaving home, through a hotline and digital platforms (chat, text, email, and online forum).  The Safeline can be reached:

By phone: 1-800-RUNAWAY (1-800-786-2929)

By email: info@1800runaway.org

Through online chat: www.1800runaway.org

Resources: Screening

Validated Screening Tools

The screening tools in the chart below help professionals apply trauma-informed principles to identify children and youth who have experienced trafficking and provide appropriate referrals to supportive and culturally competent services.
 

Training

Federal Requirements:  Training

There are federal training requirements for how to identify and respond to human trafficking, specifically for the child welfare workforce.

Resources: Training

This section highlights some training and technical assistance resources available for child welfare workers responding to trafficking concerns and children missing from foster care. See Appendix II for additional resources.

Webinar on State Implementation of Anti-Trafficking Provisions

The recorded webinar on Resources for State Implementation of the Anti-Trafficking Provisions of Public Law 113-183: The Preventing Sex Trafficking and Strengthening Families Act of 2014 explores different resources available to state child welfare agencies to help prevent sex trafficking, including a training curriculum with customizable modules, web-based resources on state and local anti-trafficking initiatives (including court-related efforts), peer networking and constituency groups, and information about technical assistance.

Stop, Observe, Ask, and Respond (SOAR) to Health and Wellness Trainings

OTIP’s National Human Trafficking Training and Technical Assistance Center (NHTTAC) is launching Responding to Human Trafficking through the Child Welfare System, a new SOAR Online module designed for providers who serve children and youth at risk for or who have experienced trafficking.  This training will provide information on addressing human trafficking in child welfare settings.

Data Collection

An agency’s anti-trafficking response should be data-driven to be effective.  Rigorous data collection and evaluation of state and federal efforts to address the sex trafficking of children and youth should be used to inform training, prevention, service provision, and criminal justice responses to the issue.[7]

Federal Requirements: Data Collection

Stakeholders should be aware of the following required data collection systems and efforts.

Resources: Data Collection

ACF facilitates data collection from state and tribal child welfare agencies through several tools and platforms.  This section features two of the primary platforms.  See Appendix III for more information on these and other data collection tools.

AFCARS

ACF CB implements and manages AFCARS.  State and Tribal Title IV-E agencies must report demographic, case-related, and service information on all children in foster care and children who have been adopted with title IV-E agency involvement (per § 479 of the Social Security Act).  The Preventing Sex Trafficking and Strengthening Families Act requires agencies to include sex trafficking-related data in submissions to AFCARS.

The AFCARS 2020 rule requires states to report every placement setting, not only the most current, and distinguishes between children on runaway status from those whose whereabouts are unknown.  This allows AFCARS to track repeated runaway and/or missing episodes that may occur while a child is in state care and custody.  AFCARS 2020 also requires states to report whether a child experienced sex trafficking before entering state care, whether states reported the incident to law enforcement, and the date of that report.  States must also report if a child experiences sex trafficking while in foster care, as well as whether and when they reported the case to law enforcement.  This will result in identifying risk for sex trafficking at placement, incidents that may occur while a child is in state care, and whether states made timely reports to law enforcement.  States will collect revised AFCARS 2020 data as of October 1, 2022.  The first submission of that data will be due May 15, 2023.

NCANDS

NCANDS is a voluntary data collection system that gathers information from all 50 states, the District of Columbia, and Puerto Rico about reports of child abuse and neglect.  ACF CB collects and analyzes the data to develop the Child Maltreatment report series.  FY 2018 was the first year that states began reporting sex trafficking data in their NCANDS submissions.

Multidisciplinary Response

Cross-sector collaboration is a key component of responding to trafficking among children and youth in the child welfare system.  Input from various stakeholders will help ensure child welfare agencies take a trauma-informed approach when meeting the diverse needs of children and youth at risk for or who have experienced human trafficking.  As described by the National Advisory Committee on the Sex Trafficking of Children and Youth in the United States, “an effective multidisciplinary system of care uses all available resources and facilitates coordination between service providers and partners while being community-based, family-driven (when safe), youth-guided, survivor-informed, and culturally and linguistically competent.  An effective system will achieve outcomes at three levels, with an observable causality between outcomes at all three levels: 1) state, Tribal, or territorial systems; 2) local systems; and 3) service delivery.”[8]  

The child welfare system can partner with local task forces and child advocacy centers, among other entities, to effectively respond to the trafficking of children and youth in foster care and those missing from care.

The RHY regulations require that RHY programs “perform outreach to locate runaway and homeless youth and to coordinate activities with other organizations serving the same or similar client populations, such as child welfare agencies […]” (45 C.F.R. § 1351.23(d)).  RHY recipients must foster and sustain partnerships with their local child welfare agencies to ensure youth who leave foster care for whatever reason and seek RHY services through shelter or street outreach are supported and reconnected to the child welfare agency, as appropriate.  Additionally, the RHY Regulation requires that RHY programs “take steps to ensure that youth who are or should be under the legal jurisdiction of the […] child welfare systems obtain and receive services from those systems until such time as they are released from the jurisdiction” of the child welfare system (45 C.F.R. § 1351.23(f)).  It is important that child welfare agencies and RHY programs continue to strengthen partnerships to ensure young people missing from care are safe and supported. 

Multidisciplinary teams and task forces should strive to maintain a survivor-informed and youth-centered focus in all consultations.  State statutes may require or allow youth and/or family members to participate in child protection multidisciplinary teams.  Even when the youth does not participate, it is critical to actively center the youth and their family’s perspective when assessing needs and build upon their specific strengths in all decision-making.

Resources:  Multidisciplinary Response

Collaborative Community Efforts

The U.S. Department of Justice funds Enhanced Collaborative Model Task Forces to Combat Human Trafficking .  These multidisciplinary human trafficking task forces comprise federal, state, local, and tribal law enforcement, prosecutors, service providers, and other stakeholders. 

Human Trafficking for RHY Serving Agencies: A Resource Guide is a comprehensive introduction to various topics overlapping RHY and human trafficking, including strategies to establish collaborative community efforts to prevent and address trafficking.

Trauma-Informed Approaches

Human Trafficking Prevention: Strategies for Runaway and Homeless Youth Settings (PDF) addresses the role that RHY programs can play in preventing sex and labor trafficking among youth who have run away or are homeless.  This Issue Brief highlights the importance of integrating public health, trauma-informed, and positive youth development principles into human trafficking interventions.

SOAR to Health and Wellness Trauma-Informed Care Module discusses how to recognize signs of trauma and deliver trauma-informed care to individuals who have experienced trafficking.

Survivor-Informed Strategies

Survivor-Informed Services Among Runaway and Homeless Youth Programs  (PDF) provides practical strategies for integrating survivor-informed practices in youth-serving organizations.

Toolkit for Building Survivor-Informed Organizations provides resources to build organizational capacity to collaborate with and support staff, volunteers, and consultants who have experienced human trafficking.

ACF is committed to providing ongoing support and partnering with grantees and organizations in their work to prevent and respond to the unique needs of children and youth in the child welfare system who have experienced trafficking, are missing from care, and/or are at risk for experiencing trafficking.  ACF encourages all grant recipients and entities to utilize resources throughout this IM and in the appendices to actively plan and partner together to address human trafficking among children and youth.