Sec. 104. Grants for State improvements

1,036 words·~5 min read·/bill/117/s/3946/enr/section-104·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Title II of the Trafficking Victims Protection Reauthorization Act of 2005 ( 34 U.S.C. 20701 et seq. ) is amended by inserting after section 204 the following: The Secretary of Health and Human Services may make grants to eligible States to develop, improve, or expand programs that assist State, local, or Tribal child welfare agencies with identifying and responding to— children considered victims of child abuse and neglect and of sexual abuse under the application of section 111(b)(1) of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106g(b)(1) ) because of being identified as being a victim or at risk of being a victim of a severe form of trafficking in persons; and children over whom such agencies have responsibility for placement, care, or supervision and for whom there is reasonable cause to believe are, or are at risk of being a victim of 1 or more severe forms of trafficking in persons.

In this section: The term child means an individual who has not attained 18 years of age or such older age as the State has elected under section 475(8) of the Social Security Act ( 42 U.S.C. 675(8) ). At the option of an eligible State, such term may include an individual who has not attained 26 years of age. The term eligible State means a State that has not received more than 3 grants under this section and meets 1 or more of the following criteria: The State has eliminated or will eliminate any requirement relating to identification of a controlling third party who causes a child to engage in a commercial sex act in order for the child to be considered a victim of trafficking or a victim of 1 or more severe forms of trafficking in persons for purposes of accessing child welfare services and care.

The State considers a child to be a victim of trafficking if the individual is a victim of a severe form of trafficking in persons, as described in subparagraph

(A)of section 103(11) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102(11) ). The State agency responsible for administering the State plan for foster care and adoption assistance under part E of title IV of the Social Security Act ( 42 U.S.C. 670 et seq. ) has developed and is implementing or will develop and implement protocols that meet the following reporting requirements: The requirement to report immediately, and in no case later than 24 hours after receiving, information on children who have been identified as being a victim of a severe form of trafficking in persons to law enforcement authorities under paragraph (34)(A) of section 471(a) of the Social Security Act ( 42 U.S.C. 671(a) ). The requirement to report immediately, and in no case later than 24 hours after receiving, information on missing or abducted children to law enforcement authorities, including children classified as runaways , for entry into the National Crime Information Center

(NCIC)database of the Federal Bureau of Investigation, and to the National Center for Missing and Exploited Children, under paragraph (35)(B) of such section. The requirement to report to the Secretary of Health and Human Services the total number of children who are victims of child human trafficking under paragraph (34)(B) of such section. The State has developed and implemented or will develop and implement a specialized protocol for responding to a child who is, or is at risk of being, a trafficking victim to ensure the response focuses on the child’s specific safety needs as a victim of trafficking, and that includes the development and use of an alternative mechanism for investigating and responding to cases of child human trafficking in which the alleged offender is not the child’s parent or caregiver without utilizing existing processes for investigating and responding to other forms of child abuse or neglect that require the filing of an abuse or neglect petition. The term Indian tribe and tribal organization have the meanings given those terms in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). The term State means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. Such term includes an Indian tribe, tribal organization, or tribal consortium with a plan approved under section 479B of the Social Security Act ( 42 U.S.C. 679c ), or which is receiving funding to provide foster care under part E of title IV of such Act pursuant to a cooperative agreement or contract with a State. . The table of contents for the Trafficking Victims Protection Reauthorization Act of 2005 ( Public Law 109–164 ; 22 U.S.C. 7101 note) is amended by inserting after the item relating to section 204 the following: 204A. Enhancing the ability of State, local, and Tribal child welfare agencies to identify and respond to children who are, or are at risk of being, victims of trafficking. . Section 113(b) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7110(b) ) is amended by adding at the end the following: To carry out the purposes of section 204A of the Trafficking Victims Protection Reauthorization Act of 2005, there are authorized to be appropriated $4,000,000 to the Secretary of Health and Human Services for each of fiscal years 2022 through 2027. . It is the sense of Congress that health care and social service licensing boards and professional membership associations should facilitate access to trafficking-specific training guided by the Department of Health and Human Service’s Core Competencies for Human Trafficking Response in Health Care and Behavioral Health Systems on— the scope and signs of human trafficking and child sexual abuse that present in the applicable health care, behavioral health, or social services settings; how to interact with potential victims of trafficking (as defined in section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 )) and with survivors of human trafficking, using an age-appropriate, gender-responsive, culturally and linguistically appropriate, and trauma-informed approach; and the manner in which to respond to victims and potential victims of trafficking or child sexual exploitation and abuse.

Connectionstraces to 10

Traces to 10 documents

U.S. Code