Responding to Child Victims of Human Trafficking - Michigan

Date: December 2018

State Agency Responsibilities

Citation: Comp. Laws § 750.451

The Department of Health and Human Services shall begin an investigation of a human trafficking violation reported to the department within 24 hours after the report is made, as provided in § 722.628. The investigation shall include a determination as to whether the person under age 18 is dependent and in danger of substantial physical or psychological harm.

Training Requirement

Citation: Comp. Laws § 333.16148

The Department of Licensing and Regulatory Affairs, in consultation with a board, may promulgate rules to establish standards for the education and training of individuals to be licensed or registered, or whose licenses or registrations are to be renewed, for the purposes of determining whether graduates of a training program have the knowledge and skills requisite for practice of a health profession or use of a title. The department shall promulgate rules to include training standards for identifying victims of human trafficking required for individuals licensed or registered under this article. The training standards for identifying victims of human trafficking shall apply for a license or registration renewal beginning with the first renewal cycle after the rules are promulgated and for an initial license or registration issued 5 or more years after the rules are promulgated.

Only a board may accredit training programs in hospitals, schools, colleges, universities, and institutions offering training programs meeting educational standards and may deny or withdraw accreditation of training programs for failure to meet established standards.

Diversion From Prosecution

Citation: Comp. Laws § 750.451

In any prosecution of a person who is under age 18 for an offense punishable under this section or a local ordinance substantially corresponding to an offense punishable under this section, it shall be presumed that the person under age 18 was coerced into child sexually abusive activity or commercial sexual activity or otherwise forced or coerced into committing that offense by another person engaged in human trafficking. The prosecution may overcome this presumption by proving beyond a reasonable doubt that the person was not forced or coerced into committing the offense. The State may petition the court to find the person under age 18 to be dependent and in danger of substantial physical or psychological harm under § 712A.2(b)(3). A person under age 18 who fails to substantially comply with court-ordered services under § 712A.2(b)(3) is not eligible for the presumption under this section.

Excluding any reasonable period of detention for investigation purposes, a law enforcement officer who encounters a person under age 18 engaging in any conduct that would be considered a prostitution-related offense (as described in §§ 750.448, 750.449, 750.450, or 750.462), if engaged in by a person age 16 or older, shall immediately report to the Department of Health and Human Services a suspected violation of human trafficking involving a person under age 18.

Services and Supports for Victims

Citation: Comp. Laws § 722.954e

Before determining placement of a child in its care, a supervising agency shall give special consideration to information that a child may be the victim of human trafficking. If a supervising agency finds that a child is or may be a victim of human trafficking, the supervising agency shall place the child in a setting that provides mental health services, counseling, or other specialized services that are necessary or appropriate for a victim of human trafficking.

Support for Anti-Trafficking Efforts

This issue is not addressed in the statutes reviewed.