{"identifier":"/us/usc/t34/s20705a","title":34,"num":"\u00a7\u202f20705a.","heading":"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","text":"\u00a7\u202f20705a.\nEnhancing 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\n(a)\nGrants to enhance child welfare services\nThe 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\u2014\n(1) children considered victims of \u201cchild abuse and neglect\u201d and of \u201csexual abuse\u201d under the application of\nsection 5106g(b)(1) of title 42\n(2) 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.\n(b)\nDefinitions\nIn this section:\n(1)\nChild\nThe term \u201cchild\u201d 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 (\n42 U.S.C. 675(8)\n(2)\nEligible State\nThe term \u201celigible State\u201d means a State that has not received more than 3 grants under this section and meets 1 or more of the following criteria:\n(A)\nElimination of third party control requirement\nThe 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.\n(B)\nApplication of standard for human trafficking\nThe 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\nsection 7102(11) of title 22\n(C)\nDevelopment and implementation of State child welfare plan protocols\nThe 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 (\n(i) 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 (\n42 U.S.C. 671(a)\n(ii) 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 \u201crunaways\u201d, 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 [\n42 U.S.C. 671(a)(35)(B)\n(iii) 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 [\n42 U.S.C. 671(a)(34)(B)\n(D)\nTrafficking-specific protocol\nThe 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\u2019s 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\u2019s 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.\n(3)\nIndian tribe; tribal organization\nThe term \u201cIndian tribe\u201d and \u201ctribal organization\u201d have the meanings given those terms in\nsection 5304 of title 25\n(4)\nState\nThe term \u201cState\u201d 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 (\n42 U.S.C. 679c\n42 U.S.C. 670","url":"https://projectusc.org/usc/t34/s20705a.html","content":[{"t":"sec","id":"/us/usc/t34/s20705a","children":[{"t":"num","text":"\u00a7\u202f20705a."},{"t":"heading","text":"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"},{"t":"subsec","id":"/us/usc/t34/s20705a/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Grants to enhance child welfare services"},{"t":"chapeau","text":"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\u2014"},{"t":"para","id":"/us/usc/t34/s20705a/a/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" children considered victims of \u201cchild abuse and neglect\u201d and of \u201csexual abuse\u201d under the application of ","children":[{"t":"ref","text":"section 5106g(b)(1) of title 42","href":"/us/usc/t42/s5106g/b/1","tail":" because of being identified as being a victim or at risk of being a victim of a severe form of trafficking in persons; and"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t34/s20705a/a/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t34/s20705a/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Definitions"},{"t":"chapeau","text":"In this section:"},{"t":"para","id":"/us/usc/t34/s20705a/b/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Child"},{"t":"content","children":[{"t":"p","text":"The term \u201cchild\u201d 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 (","children":[{"t":"ref","text":"42 U.S.C. 675(8)","href":"/us/usc/t42/s675/8","tail":"). At the option of an eligible State, such term may include an individual who has not attained 26 years of age."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t34/s20705a/b/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Eligible State"},{"t":"chapeau","text":"The term \u201celigible State\u201d means a State that has not received more than 3 grants under this section and meets 1 or more of the following criteria:"},{"t":"subpara","id":"/us/usc/t34/s20705a/b/2/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"Elimination of third party control requirement"},{"t":"content","children":[{"t":"p","text":"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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t34/s20705a/b/2/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Application of standard for human trafficking"},{"t":"content","children":[{"t":"p","text":"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 ","children":[{"t":"ref","text":"section 7102(11) of title 22","href":"/us/usc/t22/s7102/11","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t34/s20705a/b/2/C","children":[{"t":"num","text":"(C)"},{"t":"heading","text":"Development and implementation of State child welfare plan protocols"},{"t":"chapeau","text":"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 (","children":[{"t":"ref","text":"42 U.S.C. 670","href":"/us/usc/t42/s670","tail":" et seq.) has developed and is implementing or will develop and implement protocols that meet the following reporting requirements:"}]},{"t":"clause","id":"/us/usc/t34/s20705a/b/2/C/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" 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 (","children":[{"t":"ref","text":"42 U.S.C. 671(a)","href":"/us/usc/t42/s671/a","tail":")."}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t34/s20705a/b/2/C/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" 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 \u201crunaways\u201d, 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 [","children":[{"t":"ref","text":"42 U.S.C. 671(a)(35)(B)","href":"/us/usc/t42/s671/a/35/B","tail":"]."}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t34/s20705a/b/2/C/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" 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 [","children":[{"t":"ref","text":"42 U.S.C. 671(a)(34)(B)","href":"/us/usc/t42/s671/a/34/B","tail":"]."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t34/s20705a/b/2/D","children":[{"t":"num","text":"(D)"},{"t":"heading","text":"Trafficking-specific protocol"},{"t":"content","children":[{"t":"p","text":"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\u2019s 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\u2019s 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t34/s20705a/b/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Indian tribe; tribal organization"},{"t":"content","children":[{"t":"p","text":"The term \u201cIndian tribe\u201d and \u201ctribal organization\u201d have the meanings given those terms in ","children":[{"t":"ref","text":"section 5304 of title 25","href":"/us/usc/t25/s5304","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t34/s20705a/b/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"State"},{"t":"content","children":[{"t":"p","text":"The term \u201cState\u201d 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 (","children":[{"t":"ref","text":"42 U.S.C. 679c","href":"/us/usc/t42/s679c","tail":"), or which is receiving funding to provide foster care under part E of title IV of such Act ["},{"t":"ref","text":"42 U.S.C. 670","href":"/us/usc/t42/s670","tail":" et seq.] pursuant to a cooperative agreement or contract with a State."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}