Responding to Child Victims of Human Trafficking - Kansas

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State Agency Responsibilities

Citation: Ann. Stat. § 38-2230; DCF Pol. Man., §§ 1325; 1521; 2210

Whenever any person furnishes information to the Department of Children and Families (DCF) that a child appears to be a child in need of care, DCF shall make a preliminary inquiry to determine whether the interests of the child require further action be taken. Whenever practicable, the inquiry shall include a preliminary investigation of the circumstances that were the subject of the information, including the home and environmental situation and the previous history of the child. If reasonable grounds to believe abuse or neglect exist, immediate steps shall be taken to protect the health and welfare of the abused or neglected child as well as that of any other child under the same care who may be harmed by abuse or neglect.

In policy: When concerns for human trafficking are indicated, the report shall be assigned for further assessment as abuse/neglect. Reports alleging sexual abuse, including human trafficking, of a child with the alleged perpetrator having access shall be assigned with a same-day response time.

Joint investigations between DCF and the appropriate law enforcement agency or agencies are mandated by statute § 38-2226(b) when a report alleges serious physical harm to, serious deterioration of, or sexual abuse of the child and action may be required to protect the child.

If conditions are known or suspected at the time the report is accepted that would require a joint investigation, the law enforcement agency should be involved from the initial contact whenever practical and consistent with child safety.

In the event a law enforcement agency was not involved in an investigation or assessment conducted by DCF, and information later indicates abuse or neglect, which is required to be reported to a law enforcement agency, the report to the law enforcement agency shall be made without delay. If the assigned CPS specialist becomes aware of new or additional concerns for human trafficking, a report shall be made without delay to the appropriate law enforcement agency.

Training Requirement

Citation: Ann. Stat. § 75-756

The attorney general, in consultation with other appropriate State agencies, is authorized to coordinate training regarding human trafficking for law enforcement agencies throughout Kansas.

Diversion From Prosecution

Citation: Ann. Stat. § 38-2231

A law enforcement officer or court services officer shall take a child younger than age 18 into custody when he or she has a court order commanding that the child be taken into custody as a child in need of care.

A law enforcement officer shall take a child younger than age 18 into custody when the officer reasonably believes the child is a victim of human trafficking, aggravated human trafficking, or commercial sexual exploitation of a child.

Services and Supports for Victims

Citation: Ann. Stat. § 38-2242

Whenever the court determines the necessity for an order of protective custody, the court may place the child in the protective custody of a staff secure facility, notwithstanding any other provision of law, if the child has been subjected to human trafficking, aggravated human trafficking, or commercial sexual exploitation of a child.

If DCF presents the court with a plan to provide services to a child or family that the court finds will ensure the safety of the child, the court may place the child in the protective custody of DCF only until the court finds the services are in place. The court shall have the authority to require any person or entity agreeing to participate in the plan to perform as set out in the plan. When the child is placed in the protective custody of DCF, DCF shall have the discretionary authority to place the child with a parent or to make other suitable placement for the child. When the child is placed in the temporary custody of DCF, and the child has been subjected to human trafficking, aggravated human trafficking, or commercial sexual exploitation of a child, DCF shall have the discretionary authority to place the child in a staff secure facility, notwithstanding any other provision of law.

Support for Anti-Trafficking Efforts

Citation: Ann. Stat. § 75-758

The Human Trafficking Victim Assistance Fund is established in the State treasury. All money credited to such fund shall be used to pay for the training authorized by § 75-756 and to support care, treatment, and other services for victims of human trafficking and commercial sexual exploitation of a child.