Responding to Child Victims of Human Trafficking - Oregon
State Agency Responsibilities
Citation: Admin. Rules §§ 413-080-0062; 413-080-0053; 413-015-0215
When information is gathered or observations made that indicate a child or young adult may be a victim of sex trafficking, the caseworker must determine whether a child or young adult is, or is at risk of being, a victim of sex trafficking.
If a determination is made that a child or young adult is a victim of sex trafficking the caseworker must do the following:
- Report to a screener the identification of a child or a young adult as a sex trafficking victim
- Ensure law enforcement and the National Center for Missing and Exploited Children are notified immediately and in no case later than 24 hours after determining that the child or young adult is a sex trafficking victim
- Identify and refer to appropriate services
If a determination is made that a child or young adult is at risk of being a victim of sex trafficking, the caseworker must identify and refer to appropriate services.
When a child or young adult missing from substitute care is located, the caseworker must determine the following:
- The primary factors that contributed to the missing status of the child or young adult
- The child or young adult's experiences while missing
- If the child or young adult is a sex trafficking victim or at risk of being a sex trafficking victim
The screener must cross-report to the law enforcement agency as required by rule 413-015-0305(1) and notify law enforcement when information is received from a caseworker that a child or young adult on an open child protective services assessment or open child welfare case is identified as a sex trafficking victim.
Citation: Ann. Stat. § 181A.480
The Board on Public Safety Standards and Training may require that all police officers and certified reserve officers are trained to recognize, investigate, and report cases involving labor trafficking and sex trafficking of children and adults at any advanced training program operated or authorized by the Department of Public Safety Standards and Training.
Diversion From Prosecution
Citation: Ann. Stat. § 167.007
It is an affirmative defense to prosecution for the crime of prostitution that the defendant, at the time of the alleged offense, was a victim of the crime of trafficking in persons.
Services and Supports for Victims
Citation: CW Proc. Man., Ch.4, § 36
Children who have been victims of sex trafficking have many needs similar to those of children who come to the department's attention because of other types of abuse or neglect. Victims of sex trafficking need health care, mental health services, a safe place to live, and help with education.
The specific services for a child who is a sex trafficking victim or who is at risk of being a victim will vary depending on the specific child. Some of the services may include the following:
- Mental health services, including the following:
- Mental health assessments
- Mental health treatment that includes individual counseling
- Medical care, including the following:
- Routine physical
- Assessments for signs of abuse or neglect
- Checks for tattoos or branding
- STD and pregnancy testing
- Substance use screening
- Substance abuse treatment
- Life skills training
- Job placement
- Legal services
- Housing placement to find safe and suitable housing, including the following options:
- Foster home, group home, or shelter
- SAGE Youth Residential Program, a program designed specifically for children who have been commercially sexually exploited
- Placement with a particular relative with whom the child is comfortable
- Placement with a former caregiver or another adult with whom the child has formed a relationship and expresses a desire to be placed
- Reunification with the child's parent or parents, if he or she expresses a desire to live with his or her parent and the caseworker determines whether reunification is suitable
- Vocational training
- Independent Living Program services to help children/young adults who are, or were, in foster care to become self-sufficient adults
- Advocate or mentor
Support for Anti-Trafficking Efforts
Citation: Ann. Stat. § 147.480
The Fund to End Commercial Sexual Exploitation of Children is established in the State Treasury, separate and distinct from the general fund. Interest earned by the fund shall be credited to the fund. All moneys deposited in the fund are continuously appropriated to the Department of Justice for the purposes of this section.
The department shall allocate monies from the fund to provide financial assistance to one or more of the following:
- Services, interventions, and treatment for children who have been or may become the victims of commercial sexual exploitation
- Efforts to provide outreach to and to educate the public, professionals, and service providers about the commercial sexual exploitation of children
- Efforts to prevent and reduce the incidence of commercial sexual exploitation of children
- Training of investigators, service providers, and others regarding the identification and treatment of children who have experienced commercial sexual exploitation
- Advocacy for children who have been victims of commercial sexual exploitation
- Promotion and facilitation of interagency and interdepartmental cooperation among State agencies and among different levels of government in this State in the delivery and funding of services for children who have been or may become victims of commercial sexual exploitation
- Any other activity, project, or program that will encourage and support the provision of preventative and therapeutic assistance to child victims or potential child victims of commercial sexual exploitation
The department shall appoint an advisory committee to advise the department with respect to policies and procedures to coordinate statewide planning for delivery of services to child victims of commercial sexual exploitation. The advisory committee shall meet with and advise the department, provide the department with information regarding the status of existing services, and make recommendations for the making of awards of financial assistance pursuant to this section. The department shall include as members of the advisory committee stakeholders with expertise in child welfare, mental health and addiction, sex trafficking, and law enforcement.