Responding to Child Victims of Human Trafficking - New Mexico

Date: December 2018

State Agency Responsibilities

Citation: Admin. Code § 8.10.8.24

The Protective Services Division (PSD) of the Children, Youth and Families Department shall do all of the following:

  • Identify, document, and determine appropriate services for children or youth who have disclosed or who may be at risk of being the victim of human trafficking
  • Notify law enforcement immediately, but no later than 24 hours, of children or youth who PSD has identified as victims of sex or human trafficking
  • Make reasonable efforts to locate children or youth missing from foster care, including determining factors that led to the child or youth being absent from foster care and assessing the child or youth's experience while absent from foster care, including whether the child or youth is a victim of sex or human trafficking
  • Report immediately, but no later than 24 hours, after receiving information on missing or abducted children or youth to law enforcement authorities for entry into the National Crime Information Center database of the Federal Bureau of Investigation
  • Report immediately, but no later than 24 hours, after receiving information on missing or abducted children or youth to the National Center for Missing and Exploited Children

Training Requirement

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

Diversion From Prosecution

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

Services and Supports for Victims

Citation: Ann. Stat. § 30-52-2

Human trafficking victims found in the State shall be eligible for benefits and services from the State until the victim qualifies for benefits and services authorized by the Federal Victims of Trafficking and Violence Protection Act of 2000 (P.L. 106-386), provided that the victim cooperates in the investigation or prosecution of the person charged with the crime of human trafficking. Benefits and services shall be provided to eligible human trafficking victims as quickly as can reasonably be arranged regardless of immigration status and shall include, when appropriate to a particular case, the following:

  • Case management
  • Emergency temporary housing
  • Health care
  • Mental health counseling
  • Drug addiction screening and treatment
  • Language interpretation, translation services, and English-language instruction
  • Job training, job placement assistance, and postemployment services for job retention
  • Child care
  • Advocacy services
  • State-funded cash assistance
  • Food assistance
  • Services to assist the victim and the victim's family members
  • Other general assistance services and benefits as determined by the Children, Youth and Families Department or the Human Services Department

A human trafficking victim's advocate shall be provided immediately upon identification by law enforcement of a human trafficking victim.

Before providing benefits and services, law enforcement shall certify that a person is a victim of human trafficking and cooperating in the investigation or prosecution of the person charged with the crime of human trafficking. A victim's ability to cooperate shall be determined by the court, if that issue is raised by a human trafficking victim's advocate. The victim is not required to cooperate if the court determines that the victim is unable to cooperate due to physical or psychological trauma. Benefits and services shall continue unless the court rejects the victim's claim regarding inability to cooperate. A victim who is younger than age 18 is eligible for benefits and services without a finding by the court.

The attorney general shall coordinate plans developed by State and local law enforcement agencies to provide a human trafficking victim or the victim's family members protection from retaliatory action immediately upon identifying the presence in the State of a victim who offers State or local law enforcement agencies information regarding a perpetrator of human trafficking.

Support for Anti-Trafficking Efforts

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

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