Responding to Child Victims of Human Trafficking - Nebraska

State Agency Responsibilities

Citation: Rev. Stat. § 28-801(5)

A law enforcement officer who takes a person under age 18 into custody under this section shall immediately report an allegation of a violation of § 28-831 (sex trafficking of a minor) to the Department of Health and Human Services. The department shall commence an investigation within 24 hours under the Child Protection and Family Safety Act.

Training Requirement

Citation: Rev. Stat. §§ 81-1431; 43-4707

It is the intent of the legislature that law enforcement agencies, prosecutors, public defenders, judges, juvenile detention center staff, and others involved in the juvenile justice system and the criminal justice system and other relevant officials be provided mandatory training regarding issues in human trafficking. The task force established in § 81-1430 shall work with such agencies, persons, and staff to develop a proper curriculum for the training and to determine how the training should be provided. Such training shall focus on the following:

• State and Federal law regarding human trafficking
• Methods used in identifying victims of human trafficking who are U.S. citizens and foreign nationals, including preliminary interview techniques and appropriate questioning methods
• Methods for prosecuting human traffickers
• Methods of increasing effective collaboration with nongovernmental organizations and other relevant social services organizations in the course of investigating and prosecuting a human trafficking case
• Methods for protecting the rights of victims of human trafficking, taking into account the need to consider human rights and the special needs of women and minor victims
• The necessity of treating victims of human trafficking as crime victims rather than as criminals
• Methods for promoting the safety and well-being of all victims of human trafficking

The task force also shall seek the input and participation of appropriate nongovernmental organizations and other relevant organizations regarding the provision, preparation, and presentation of the training called for in this section.

The Department of Health and Human Services shall adopt and promulgate rules and regulations regarding training for foster parents on recognizing human trafficking, including both sex trafficking and labor trafficking.

Diversion From Prosecution

Citation: Rev. Stat. § 28-801(5)

If a law enforcement officer determines, after a reasonable detention for investigative purposes, that a person suspected of or charged with prostitution is (a) a person engaging in those acts as a direct result of being a trafficking victim as defined in § 28-830 (human trafficking), such person shall be immune from prosecution for a prostitution offense or (b) a person under age 18, such person shall be immune from prosecution for a prostitution offense under this section and shall be subject to temporary custody under § 43-248 and further disposition under the Nebraska Juvenile Code.

Services and Supports for Victims

This issue is not addressed in the statutes and regulations reviewed.

Support for Anti-Trafficking Efforts

This issue is not addressed in the statutes and regulations reviewed.