Responding to Child Victims of Human Trafficking - Georgia

Date: December 2018

State Agency Responsibilities

Citation: Ann. Code § 49-5-8(d)

The Department of Human Services, in consultation with the Office of the Child Advocate for the Protection of Children, the Criminal Justice Coordinating Council, and law enforcement officials, shall develop a plan for the delivery of services to sexually exploited children, victims of trafficking of persons for labor servitude, and such children and persons who are at risk of becoming victims of those offenses. In developing the plan, the department shall work with State and Federal agencies, public and private entities, and other stakeholders as it deems appropriate and shall periodically review the plan to ensure appropriate services are being delivered. The plan shall include the following:

  • Identifying children who need services
  • Providing assistance with applications for Federal and State benefits, compensation, and services
  • Coordinating the delivery of physical and mental health, housing, education, job training, child care, legal, and other services
  • Preparing and disseminating educational and training materials to increase awareness of available services
  • Developing and maintaining community-based services
  • Providing assistance with family reunification or repatriation to a country of origin
  • Providing law enforcement officials assistance in identifying children in need of such services

Training Requirement

Citation: Ann. Code § 35-1-16

The Georgia Peace Officer Standards and Training Council and the Georgia Public Safety Training Center shall establish guidelines and procedures for the incorporation of training materials and information in the following:

  • Methods for identifying, combating, and reporting incidents where a person has been trafficked for labor or sexual servitude, as such terms are defined in § 16-5-46
  • Methods for providing proper detention facilities or alternatives to detention facilities for persons who have been trafficked for labor or sexual servitude, including providing information on therapeutic facilities for such persons
  • Methods for assisting persons who have been trafficked for labor or sexual servitude, including providing information on social services organizations available to assist that person

These guidelines and procedures shall be for use by law enforcement training centers monitored by the Georgia Peace Officer Standards and Training Council and monitored and funded by the Georgia Public Safety Training Center in all courses for which they have responsibility and oversight.

Diversion From Prosecution

Citation: Ann. Code § 16-3-6

A person shall not be guilty of a sexual crime if the conduct upon which the alleged criminal liability is based was committed by an accused who was either of the following:

  • Younger than age 18 at the time of the conduct while such person was being trafficked for sexual servitude in violation of § 16-5-46(c)
  • Acting under coercion or deception while the accused was being trafficked for sexual servitude

Services and Supports for Victims

Citation: Ann. Code § 15-21-202

The Safe Harbor for Sexually Exploited Children Fund Commission may authorize the disbursement of available money from the fund for purposes of providing care, rehabilitative services, residential housing, health services, and social services, including establishing safe houses, to sexually exploited children and to a person, entity, or program eligible pursuant to criteria to be set by the commission. The commission also shall consider disbursement of available money from the fund to a person, entity, or program devoted to awareness and prevention of becoming a sexually exploited child.

The primary purpose of the fund is to disburse money to provide care and rehabilitative and social services for sexually exploited children.

Support for Anti-Trafficking Efforts

Citation: Ann. Code § 15-21-202

There is created the Safe Harbor for Sexually Exploited Children Fund as a separate fund in the State treasury. The State treasurer shall credit to the fund all amounts transferred to the fund and shall invest the fund monies in the same manner as authorized for investing other moneys in the State treasury.