Preventing Sex Trafficking and Strengthening

Families Act:An Overview

Kamala H. ShugarAssistant Attorney in Charge

Oregon Department of JusticeChild Advocacy Section

Federal law enacted 9/29/14 Amends SSA, ties IV-E funding to

compliance as documented in state plans. What it does generally:

◦ Identifying and protecting child sex trafficking victims

◦ Improving opportunities for foster children◦ Supporting permanency, improving adoption

assistance payments◦ Improving international child support recovery

Overview HR 4980

Relating to child sex trafficking victims. Defined as: Any child or youth over whom the

state agency has responsibility for placement care or supervision and whom the state has reasonable cause to believe is or is at risk of being a sex traffic victim. (CHECK THIS)

Includes youth up to age 21 who run from foster care

Includes children who have an open child welfare case but have not been removed from home.

At option of the state, youth up to age 25, without regard to foster care connection.

Section by Section: 101

Develop policies and procedures by 9/29/15. Implement policies and procedures by

9/29/16. Likely requires either statute or rule

changes in many states. See Oregon materials.

Section 101: Implementation

Relating to child sex trafficking victims Reporting information to law enforcement

within 24 hours (implement by 9/29/16). Tracking numbers of total sex trafficking

victims for reporting to federal government (by 9/29/17).

Section by Section: 102-103

Relating to runaways and children missing from foster care.

State plan must include protocol for:1. Exeditiously locating any child missing from foster care2. Determine primary factors causing runaway3. Determine what occurred while child was absent from

care, and screen for sex trafficking4. Report related information to federal govt.

Develop a plan to report within 24 hours to NCIC and Law enforcement information regarding missing or abducted children or youth. (by 9/29/16)

Section by Section: 104-105

Improving Opportunities for Foster Children Defines terms: “reasonable and prudent parent standard,”

“caregiver” and “age or developmentally appropriate.” Requires that state plan include certification that foster parents are

prepared to provide for the needs of the child. Specifically that foster parents have the “knowledge and skills

relating to the reasonable and prudent parent standard for participation of the child in age or developmentally appropriate activities including cognitive, emotional , physical and behavior al capacities of a child to engage in social extracurricular, enrichment, cultural and social activities including sports, field trips, overnight activities lasting one or more days and signing permission slips, arranging transportation for the child to and from” these activities.

Addresses foster parent liability Appropriates additional funds to allow states to support these

activities for children remaining in foster care until age 18

Section by Section: 111

Limits on use of APPLA as a case plan to only children 16 yrs of age or older.

Requires findings and in most states will require some rule changes. (See OR rules)

At the perm hearing, state must document intensive, ongoing and unsuccessful efforts to return the child home or place with a fit and willing relative, a legal guardian or an adoptive parent.

Calls for the use of search technology including social media to find biological family members of the child.

Section by Section: 112

At a perm hearing, court or hearing officer must: Ask child about desired permanency outcome Make a judicial finding why APPLA is best plan for child,

and compelling reasons why it continues not to be in best interests to return home, be adopted, be in a guardianship or be placed with a fit and willing relative.

State must document how it is ensuring foster family or institution is following the “reasonable and prudent parent standard” and that the child has regular ongoing opportunities to engage in age or developmentally-appropriate activities, including consulting with the child in in age appropriate manner about opportunities to participate in such activities. (all above effective 9/29/15)

Section by Section: 112 continued

Adds to definition of “case plan” that for a child who is 14 or older child must be part of developing the case plan, and others who are not the foster parent or caseworker. (rule change required in OR)

Other changes increasing involvement of children 14 and older in case planning and reviews and transition planning to “successful adulthood”.

Section by Section: 113

Requires agency to provide a child leaving foster care at age 18/21 (aging out) with official or certified copies of the following records: birth certificate, social security card, health insurance info, copy of medical records, drivers license or id card.

Section by Section: 114

No requirements imposed on the state in this section.

US DHHS is required to consult with each state and prepare and submit an annual report to Congress on the perforamance of each state as to each outcome measure.

Section by Section: 115

Establishes the National Advisory Committee on the Sex Trafficking of Children and Youth to advise the Secretary of HHS and the AG on policies, and develop two tiers of best practices for combatting sex trafficking.

Section by Section: 121

New administrative rules

Not too many new statutes needed

Oregon Perspective