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4290 Determining Human Trafficking in CPS Reports

SWI Policy and Procedures August 2015

There are two human trafficking allegations used in CPS reports: Labor trafficking (LBTR) and sex trafficking (SXTR).

4291 Determining Labor Trafficking in CPS Reports

SWI Policy and Procedures August 2015

Labor trafficking is characterized as:

knowingly causing, permitting, encouraging, engaging in, or allowing a child to be trafficked in a manner punishable as an offense under §20A.02(a)(5) or (6), Penal Code, or the failure to make a reasonable effort to prevent a child from being trafficked in a manner punishable as an offense under any of these sections.

Texas Family Code §261.001(1)(L)

According to the Penal Code:

(a) A person commits an offense if the person knowingly:

(5)  traffics a child with the intent that the trafficked child engage in forced labor or services; or

(6)  receives a benefit from participating in a venture that involves an activity described by Subdivision (5), including by receiving labor or services the person knows are forced labor or services.

Penal Code §20A.02(a)(5) and (6)

“Forced labor or services” means labor or services, other than labor or services that constitute sexual conduct, that are performed or provided by another person, and obtained through an actor’s use of force, fraud, or coercion.

Penal Code §20A.01(2)

SWI assesses an intake for CPS with an allegation of labor trafficking when any component of either (1) or (2) apply:

(1)  For the purposes of labor or services, a parent or other person traditionally responsible for a child uses force, fraud, or coercion and:

  •  knowingly provides the child to others, obtains the child for oneself, or allows the child to be trafficked;

  •  maintains control over the child and makes the child believe that he or she has no other choice but to continue with the labor or services, resulting in a pervasive loss of freedom for the child; or

  •  receives a monetary or nonmonetary benefit for the child’s labor or services, such as using the services for oneself.

(2)  A parent or other person traditionally responsible for a child fails to make a reasonable effort to prevent a child from being labor trafficked as described above.

If the labor or services constitute sexual conduct, the abuse is considered to be sex trafficking, not labor trafficking. See 4292 Determining Sex Trafficking in CPS Reports.

4291.1 Alleged Perpetrators of Labor Trafficking

SWI Policy and Procedures August 2015

A person may be designated an alleged perpetrator of labor trafficking when the person is traditionally responsible for a child’s care, custody, or welfare. This includes:

  •  a parent, guardian, or managing or possessory conservator of the child;

  •  a member of the child’s family or the child’s family’s household;

  •  a person with whom the child’s parent cohabits; or

  •  school personnel or volunteers at the child’s school.

Texas Family Code §261.001(5)

A “member of the child’s family or the child’s family’s household” includes the following individuals:

  •  a parent or relative;

  •  an unrelated person who is legally responsible for the child;

  •  an unrelated person, who is not legally responsible for the child, with whom a parent or legally responsible person or entity, such as CPS or a court, placed the child; or

  •  an unrelated person who is at least 10 years old and resides elsewhere or whose place of residence cannot be determined, and either has regular free access to the household or when in the household dwelling takes care of or assumes responsibility for children in the household. (See 40 TAC §700.477(e).)

4291.2 Labor Traffickers Not Investigated by CPS

SWI Policy and Procedures August 2015

A person, who is not traditionally responsible for the child’s care, custody, or welfare, as defined in 4291.1 Alleged Perpetrators of Labor Trafficking, is not identified as an alleged perpetrator in a CPS intake. CPS does not investigate claims of trafficking when all three of the following conditions are met:

  •  a child leaves the home without the consent of his or her family and lives with a person who is alleged to be trafficking the child for labor; AND

  •  the alleged perpetrator is neither related to nor legally responsible for the child; AND

  •  the parent or caregiver did not cause, permit, encourage, engage in, or allow trafficking, or fail to make reasonable effort to prevent trafficking.

For example, when a child leaves home or runs away to live with her boyfriend, who then traffics the child for purposes of labor or services, CPS does not investigate the boyfriend as an alleged perpetrator because the boyfriend is not traditionally responsible for the child’s care, custody, or welfare.

Reports containing only trafficking information not under CPS jurisdiction:

When a report only contains trafficking information not under CPS jurisdiction and is not sent to the local DFPS office, the report is processed as an I&R Non-FPS Criminal Matter Referred to Law. These reports are also sent to the Joint Crimes Information Center (JCIC), and therefore require dual instructions in the narrative for SWI support staff on where to fax the I&R. The intake specialist documents the information about the trafficking activities in the narrative and notes the following at the top of the narrative:

“Fax to [name of local law enforcement agency]” and “Joint Crimes Information Center (JCIC).”

The intake specialist creates an I&R Non-FPS Criminal Matter Referred to Law and saves and assigns the I&R to SWI support staff. Support staff faxes it to the designated law enforcement agencies.

4291.3 Work Situations that Do Not Involve Labor Trafficking

SWI Policy and Procedures August 2015

Labor trafficking does not include normal contributions to family and community life in light of prevailing community standards, such as:

  •  performing chores inside and outside of the home;

  •  being required to work in the family business without pay;

  •  working in agriculture or farming as part of the family’s business or means of earning a living; or

  •  other forms of labor or services specified under Labor Code §51.003.

Per Texas Family Code §151.001(5), a parent of a child has the right to “the services and earnings of the child.” CPS recognizes a parent’s reasonable requirements for a child to perform chores or work, and to determine appropriate recompense to the child for the services; this does not constitute forced labor or services.

Work or services provided in these situations should be appropriate to the child’s age and not result in substantial harm from physical injury or genuine threat of substantial harm from physical injury.

4292 Determining Sex Trafficking in CPS Reports

SWI Policy and Procedures August 2015

Sex trafficking is characterized as:

  •  compelling or encouraging the child to engage in sexual conduct as defined by Section 43.01, Penal Code, including conduct that constitutes an offense of trafficking of persons under Section 20A.02(a)(7) or (8), Penal Code, prostitution under Section 43.02(a)(2), Penal Code, or compelling prostitution under Section 43.05(a)(2), Penal Code, and

  •  knowingly causing, permitting, encouraging, engaging in, or allowing a child to be trafficked in a manner punishable as an offense under §20A.02(a)(7) or (8), Penal Code, or the failure to make a reasonable effort to prevent a child from being trafficked in a manner punishable as an offense under any of these sections.

Texas Family Code §261.001(1) (G) and (L))

According to the Penal Code:

(a) A person commits an offense if the person knowingly:

(7) Traffics a child and by any means causes the trafficked child to engage in, or become the victim of, conduct prohibited by:

Section 21.02 Continuous Sexual Abuse of Young Child or Children

Section 21.11 Indecency with a Child

Section 22.011 Sexual Assault

Section 22.021 Aggravated Sexual Assault

Section 43.02 Prostitution

Section 43.03 Promotion of Prostitution

Section 43.04 Aggravated Promotion of Prostitution

Section 43.05 Compelling Prostitution

Section 43.25 Sexual Performance by a Child

Section 43.251 Employment Harmful to Children [sexually oriented commercial activity]

Section 43.26 Possession or Promotion of Child Pornography; or

(8) Receives a benefit from participating in a venture that involves an activity described by subdivision (7) or engages in sexual conduct with a child trafficked in the manner described in subdivision (7).

Penal Code §20A.02(a)(7) and (8)

Sex trafficking does not require force, fraud, or coercion and can be determined to have occurred even if it appears that the child is in agreement with the conduct or the child does not consider herself or himself to be a victim of sex trafficking.

SWI assesses an intake for CPS with an allegation of sex trafficking under the Texas Family Code when any component of (1) or (2) apply:

(1)  The actions of a parent or other person traditionally responsible for a child meet the core elements of sex trafficking when he or she:

  •  knowingly provides the child to others, obtains the child for oneself, or allows the child to engage in or become the victim of any of the offenses listed in Penal Code Subsection 20A.02(a)(7);

  •  maintains control over the child and makes the child believe that he or she has no other choice but to continue engaging in the offenses listed in Penal Code Subsection 20A.02(a)(7), resulting in a pervasive loss of freedom for the child; or

  •  receives a monetary or nonmonetary benefit as a result of the child participating in any of the offenses listed in Penal Code Subsection 20A.02(a)(7). Benefits can include but are not limited to: sexual services, currency, drugs, etc.

(2)  A parent or other person traditionally responsible for a child fails to make a reasonable effort to prevent a child from being sex trafficked as described above.

4292.1 Alleged Perpetrators of Sex Trafficking

SWI Policy and Procedures August 2015

A person may be designated as an alleged perpetrator of sex trafficking when the person is traditionally responsible for a child’s care, custody, or welfare. This includes:

  •  a parent, guardian, or managing or possessory conservator of the child;

  •  a member of the child’s family or the child’s family’s household;

  •  a person with whom the child’s parent cohabits; or

  •  school personnel or volunteers at the child’s school.

Texas Family Code §261.001(5)

A “member of the child’s family or the child’s family’s household” includes the following individuals:

  •  a parent or relative;

  •  an unrelated person who is legally responsible for the child;

  •  an unrelated person, who is not legally responsible for the child, with whom a parent or legally responsible person or entity, such as CPS or a court, placed the child; or

  •  an unrelated person who is at least 10 years old and resides elsewhere or whose place of residence cannot be determined, and either has regular free access to the household or when in the household dwelling takes care of or assumes responsibility for children in the household. (See 40 TAC §700.477(e).)

4292.2 Sex Traffickers Not Investigated by CPS

SWI Policy and Procedures August 2015

A person, who is not traditionally responsible for the child’s care, custody, or welfare, as defined in 4292.1 Alleged Perpetrators of Sex Trafficking in CPS Reports, is not identified as an alleged perpetrator in a CPS intake. CPS does not investigate claims of trafficking when all three of the following conditions are met:

  •  a child leaves the home without the consent of his or her family and lives with a person who is alleged to be trafficking the child for labor; AND

  •  the alleged perpetrator is neither related to nor legally responsible for the child; AND

  •  the parent or caregiver did not cause, permit, encourage, engage in, or allow trafficking, or fail to make reasonable effort to prevent trafficking.

For example, when a child leaves home or runs away to live with her boyfriend who then reportedly traffics the child for sexual purposes, CPS does not investigate the boyfriend as an alleged perpetrator, because the boyfriend is not traditionally responsible for the child’s care, custody or welfare.

Reports containing only trafficking information not under CPS jurisdiction:

When a report only contains trafficking information not under CPS jurisdiction and is not sent to the local DFPS office, the report is processed as an I&R Non-FPS Criminal Matter Referred to Law. These reports are also sent to the Joint Crimes Information Center (JCIC), and therefore require dual instructions in the narrative. The intake specialist documents the information about the trafficking activities in the narrative and notes the following at the top of the narrative:

“Fax to [local Law Enforcement agency] and Joint Crimes Information Center (JCIC)”

The intake specialist saves and assigns the I&R to SWI support staff. Support staff fax it to the designated law enforcement agencies.

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