1.This Act may be cited as the
Strengthening the Child Welfare Response to Human
Trafficking Act of 2011
.
2.Improving local
efforts to combat trafficking and sexual exploitation
(a)Employee
training guidelines and resourcesThe Secretary of Health and Human Services
shall develop and publish guidelines (including a list of recommended experts
in the field) for use by State child welfare agencies in training appropriate
child welfare employees and court employees in identifying, documenting,
educating, and counseling children being provided services by the agencies who
are at risk of becoming a victim of trafficking (as defined in section 103(14)
of the Trafficking Victims Protection Act of 2000) or who are human trafficking
victims who may need to be in the care of the child welfare system. The
guidelines should also include tips on how the child welfare employee can
effectively engage, educate, and support the parents of such a child victims,
if appropriate.
(b)The Secretary of
Health and Human Services shall develop and publish guidelines that contain
recommendations on how State child welfare agencies may prevent children from
becoming a victim of trafficking (as defined in section 103(14) of the
Trafficking Victims Protection Act of 2000), which should include advice on how
State and local law enforcement agencies may collaborate proactively with
non-profit organizations on how to manage cases involving a child who is such a
victim. In developing the best practices toolkit, the Secretary of Health and
Human Services is encouraged to utilize multi-disciplinary research,
peer-reviewed research, evidence-based treatments and programs, and input from
child welfare agencies that have developed human trafficking specific programs,
and to consult appropriate agencies throughout the Federal Government such as
the Federal Bureau of Investigation and the Trafficking in Persons Office of
the Department of State. The Secretary of Health and Human Services should also
consider how the Department of Health and Human Services can best provide
support to monitor and evaluate existing and related programs at State and
county agencies and outline these support mechanisms in the best practices
toolkit.
(c)The Secretary of
Health and Human Services shall draft recommendations for State child welfare
agencies on how to best update licensing requirements for child-care
institutions so that specialized, long-term residential facilities or safe
havens serving children who are human trafficking victims can qualify as
child-care institutions under part E of title IV of the Social Security Act, so
that such children who are in the care of the State may receive the best care
and services possible.
(d)Streamline data
collection and reportingSection 471(a) of the Social Security Act
(42 U.S.C. 671(a)) is amended—
(1)by striking
and
at the end of paragraph (32);
(2)by striking the
period at the end of paragraph (33) and inserting ; and
;
and
(3)by adding at the
end the following:
(34)provides that—
(A)the records of the agency classify each
child to whom the agency is providing child welfare services and whom the
agency has identified as being a victim of trafficking (as defined in section
103(14) of the Trafficking Victims Protection Act of 2000), as a child
trafficking victim, and specify the reasons why the child is so
classified;
(B)each report submitted by the agency to the
data collection system established under section 479 includes information on
each child so classified; and
(C)the agency shall report the identity of
each child to whom the agency is providing child welfare services and who is
missing or has been abducted, immediately to appropriate law enforcement
agencies for entry into the National Crime Information Center
database.
.
(e)Documentation of
child safety and related specialized servicesSection 475(1) of such Act (42 U.S.C.
675(1)) is amended by adding at the end the following:
(H)In the case of a child classified by the
State agency as a victim of trafficking (as defined in section 103(14) of the
Trafficking Victims Protection Act of 2000), a documentation of the measures
taken to ensure the safety of the child in the placement and of the extent to
which the child is receiving services designed specifically to meet the needs
of trafficked children, such as intensive case management, mental health
counseling, security services, language, and cultural
competency.
.
(f)Extend services
for trafficked youth to age 21Section 477(a) of such Act (42 U.S.C.
677(a)) is amended—
(1)by striking
and
at the end of paragraph (6);
(2)by striking the
period at the end of paragraph (7) and inserting ; and
;
and
(3)by adding at the
end the following:
(8)to ensure that each child in foster care
and each former foster care recipient who is a victim of trafficking (as
defined in section 103(14) of the Trafficking Victims Protection Act of 2000)
is able to access the services described in section 475(1)(H) of this Act until
the child attains 21 years of
age.
.
(g)
(1)Except as otherwise provided in this section, this
section and the amendments made by this section shall take effect on January 1,
2012.
(2)Delay permitted
if state legislation requiredIn the case of a State plan
approved under part E of title IV of the Social Security Act which the
Secretary of Health and Human Services determines requires State legislation
(other than legislation appropriating funds) in order for the plan to meet the
additional requirements imposed by this section, the State plan shall not be
regarded as failing to comply with the requirements of such part solely on the
basis of the failure of the plan to meet such additional requirements before
the 1st day of the 1st calendar quarter beginning after the close of the 1st
regular session of the State legislature that ends after the 1-year period
beginning with the date of the enactment of this Act. For purposes of the
preceding sentence, in the case of a State that has a 2-year legislative
session, each year of the session is deemed to be a separate regular session of
the State legislature.
3.Provision of
services by child welfare agencies to prevent human trafficking of children,
and to serve the needs of children who are victims of human
traffickingSection 471(a) of
the Social Security Act (42 U.S.C. 671(a)), as amended by section 2(d) of this
Act, is amended—
(1)by striking
and
at the end of paragraph (33);
(2)by striking the
period at the end of paragraph (34) and inserting ; and
;
and
(3)by adding at the
end the following:
(35)not later than January 1, 2013, describes
the practices and future plans of the State child welfare agency regarding the
human trafficking and commercial sexual exploitation of foreign, United States
citizen, and legal resident children, including—
(A)collaborations
with local and State agencies and nonprofit organizations to identify and care
for children believed or confirmed to be, or at-risk of becoming victims of a
severe form of human trafficking;
(B)training for the
child welfare employees who are likely to come into contact with child victims
of human trafficking;
(C)jurisdictional
limits and other issues that hinder State child welfare response to aid child
victims of human trafficking;
(D)data collection
regarding children identified by child welfare services as victims of
trafficking and, if known, the relationship between the child and the
exploiter; and
(E)prevention
education to families and at-risk children, including runaway and homeless
youth, regarding human trafficking and commercial sexual
exploitation.
.