Washington State Model Protocol for Commercially Sexually Exploited

Children (CSEC)

Justice Bobbe J. Bridge (ret.)

National Council of Juvenile and Family Court Judges July 15, 2013

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Project Respect Time Line

Funding from the state Children’s Justice Task Force for the period 10/1/11 through 9/30/13

Additional private and foundation funding Final revised model protocol issued : March 2013 Provided two trainings to five regional CSEC Task Forces

1. How to adapt the model protocol (4 hours) 2. CSEC basic and intensive trainings (16 hours) Statewide CSEC Coordinating Committee meets this fall

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Statewide CSEC Task Forces

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How a Statewide Protocol was Created

Held a decision maker’s summit in September 2012 Vetted the protocol elements Incorporated feedback

Held a stakeholder’s meeting for King County in October 2012

Interviewed CSEC regarding their recommendations Incorporated input from survivors Over 200 people participated in the creation of

the protocol

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The Revised Protocol

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Project Respect - Mission

The mission of the CSEC model protocol is to foster collaboration and coordination among agencies to improve the capacity to identify CSEC and provide safety and services for them and their families/caregivers, as appropriate, as they work to end their exploitation, and to hold their exploiters accountable. Those involved in this effort will use best practices and will rely on data and evidence to drive system improvements.

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Core Values for the Model Protocol

1. We view sexually exploited youth as victims of crime, and do not view or treat them as criminals.

2. Our response fosters regional coordination and relationship-building within and across systems; this is an intentional process for different systems to interact, network, and form a regional alliance.

3. We meet youth where they are with accessible services based on their individual needs.

4. Individually and collectively our first, foremost and sustaining objective is victim safety.

5. All children deserve a safe, warm, nurturing environment, independent of their behavior.

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The Model Protocol

• Is a template - it does not have all the answers and does not address best practice services – this comes with the CSEC trainings and an accompanying set of guidelines developed by YouthCare

• Mottos: • Don’t let the perfect be the enemy of the good • Together we’re a genius • Building while flying

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Key elements of the model protocol

Three tiers of response/coordination Multidisciplinary team Task Force Statewide Coordinating Committee

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Multidisciplinary Teams (MDT’s)

The MDT is the heart of the CSEC response and is critical to its success.

It is responsible for immediate response and ongoing problem solving on specific CSEC cases as they arise.

These teams are small and capable of quick response.

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Multidisciplinary Teams (MDT’s)

Members will likely include; police/deputy sheriff community based advocate Child Protective Services others if needed (service providers,

prosecutors, defense attorneys, etc.)

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Multidisciplinary Team Duties

Meet within 24 hours of the identification of a CSEC and work together to make sure: the child's immediate needs are met, that the child is assessed for safety and

placed accordingly, and that needed services are identified

and offered.

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Purpose of the Task Forces

A CSEC Task Force is intended to support and encourage a collaborative effort among local law enforcement, courts, prosecutors, diverse victim service providers, and other key stakeholders who together provide comprehensive services in order to discover and respond effectively to the commercial sexual exploitation of children and youth.

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Task Force MOU

It is a public statement of commitment and a guide for accountability.

It should clearly define roles, responsibilities and

responses to CSEC that are within the agency or organization’s normal capacity.

MOU insures continuity of the Task Force – not just person or personality based.

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Key Task Force Duties

In addition to overall collaboration and coordination duties, it:

Adapts and implements the model protocol at the local level

Collects and reviews data that helps to monitor the extent to which CSEC exists in the region

Evaluates the effectiveness of the protocol implementation

Sets goals and achieves them Addresses collaboration/coordination issues as they

arise and

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Statewide Coordinating Committee

A group of statewide decision makers will convene annually to address the issue of children who are commercially sexually exploited, to examine the practices of local and regional entities involved in addressing sexually exploited children and to make recommendation on statewide laws and practices (from SSB 5308).

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Data Collection

The Washington State Center for Court Research is leading an effort to work with stakeholders and pilot sites to develop and implement a data collection plan involving law enforcement, courts, CPS and service providers

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Best Practices for the Model Protocol

Training Screening Local protocols to identify and locate youth who

have runway multiple times in one year Soft site as reception center Include families and care givers in service planning

when appropriate

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Access the Protocol

http://www.ccyj.org/Project%20Respect%20protocol.pdf

ONE COUNTY’S JOURNEY THROUGH THE WORLD

OF CSEC

Los Angeles County, California Presented by: Judge Donna Groman dgroman@lasuperiorcourt.org

HARD FACTS • Approximately 170 girls arrested annually in L.A. County for prostitution related offenses

• 80% have had prior or current child welfare involvement

• Approximately 90% are African-American girls.

• 7% of children in LA County are African-American

CALIFORNIA LAW • Dependency jurisdiction only when sexual exploitation is a result of parent’s abuse/neglect.

• Misdemeanor offense for minor to solicit, engage or loiter in public place with intent to commit prostitution.

• 6 month maximum confinement. • How can I get more confinement time?

CSEC YOUTH IN JUVENILE COURT

• In Los Angeles County, the juvenile justice system sees the majority of cases of CSEC youth, and has developed the most services.

• In the past, child welfare has handed off cases to juvenile justice once youth arrested.

• NCJFCJ Resolution: “Juvenile justice system is ill equipped to handle these cases [CSEC] due to limited resources and placement options.”

CLAUDIA, A FOSTER YOUTH • Abandoned by parents • Raised by relative • Child welfare intervention • Runaway from placement at age 13

CLAUDIA IS ARRESTED • Befriended and taken in by pimp. • Pimp beat and threatened to kill her. • Punched her and dragged her through alley by hair when she wanted to leave.

• Charged with loitering for approaching motorists and engaging in brief conversations in an area known for prostitution.

CLAUDIA IS NOW A “DELINQUENT”

•PD alleges duress •Court rejects duress defense and tells Claudia, now age 14, “Your fear is not reasonable when you fail to take advantage of the opportunities offered and instead choose to go back on the street.”

LA Inter-Agency Council on Child Abuse and Neglect (ICAN) • February 11, 2008 formed task force to address commercial sexual exploitation of children and cyber crimes

• Outreach and training including: • Annual conference focusing on DMST • Cyber Crimes Preventions Symposium focusing on Internet-related security and safety issues

• Resource Guide

PROBATION TAKES THE LEAD • Michelle Guymon and Hania Cardenas team up with ICAN and juvenile delinquency court to explore new approaches.

• Visited Judge Voy in Las Vegas. • Looked at alternative placements. • Encouraged court to apply for grant in tandem with probation.

• Grant proposals successful.

STAR COURT • “Success Through Achievement and Resilience”

• Funded by a grant administered by the California Board of State and Community Corrections (OJJDP Title II Systems Reform Grant) $300,000 / year for 3 years.

• Probation also granted $350,000 / year for 3 years.

STAR COURT • Commissioner Pratt in Compton conducts STAR court on Tuesdays.

• Currently working with 72 girls, ages 12 – 18. • 45% have non-prostitution related charges. • Referrals received through probation, attorneys and other judges.

• 17 youth currently participating in the prosecutions of their traffickers.

ENCHANCED SUPERVISION AND PROGRAMMING

• Court oversight – monthly vs. semi-annual review • DPO supervision – one DPO vs. series of DPOs • Discussion of safe living setting at initial hearing • Family finding at initial hearing • Case conferencing by multi-disciplinary team prior to calling case

ENCHANCED SUPERVISION AND PROGRAMMING • My Life My Choice and other proactive curriculum offered in juvenile hall

• 24 hour access to DPO or advocate • Reduced time in juvenile hall awaiting placement

• Active efforts to locate AWOL youth

Treatment Plans • Goal is to create a support system, family • Focus on strengths (academics? creative outlets?)

• Caretaker must be aware of CSEC, safety issues and potential recruiting

• Therapist should be trained to address multiple traumas

Treatment Plans • May also need: substance abuse counseling, parenting, medical treatment, educational advocacy

• Appoint an advocate if testifying • Specific visitation and contact lists • No cell phones • Enhance self-esteem ; consider self-defense classes

Placement Considerations • Locked vs. secure • Who are family members? • Dual supervision 300/602 • Use of electronic monitoring • Is the home or placement near the pimp or the track?

• Effectiveness of placement is based upon who is there, not where it is

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9

5

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0 5 10 15

AWOL

Juvenile Hall

DKC

Home

House Arrest

Open (Probation)

DCFS Plmt

Out of State

17-18 yr. olds12 - 16 yr. olds

EFFORTS TO ENGAGE AWOL MINORS

• “Saving Innocence” & educational advocates available by phone, text, Facebook, and in person

• Many youth make contact within 24 hours to return to placement

• Re-engage in services without being re-detained thus reducing confinement time

PARTNERS Probation • STAR Court liaison • 2 DMST Supervision DPOs • Specially trained juvenile hall staff

• 5 week workshop in juvenile hall • Identify possible STAR court youth

PARTNERS DCFS • Dual supervision CSWs - 5% of youth are dual status

• Runaway Unit • 270 AWOL minors ages 11 and up on 7/9/13

• MART [Multi-Agency Response Team] • Added a special code to track reports of CSEC through hotline

QUOTE FROM FORMER FOSTER YOUTH “Being in foster care was the perfect training for commercial sexual exploitation. I was used to being moved without warning, without any say, not knowing where I was going or whether I was allowed to pack my clothes. After years in foster care, I didn’t think anyone would want to take care of me unless they were paid. So when my pimp expected me to make money to support ‘the family,’ it made sense to me.”

PARTNERS Law Enforcement • Innocence Lost Task Force • Local law enforcement vice squads CBOs

• Public Counsel • CAST [Coalition Against Sex Trafficking] LA • Alliance for Children’s Rights • Saving Innocence • Mary Magdalene Project

PARTNER Chio Saephanh, Education Attorney • “I provide education advocacy ranging from school

enrollment issues to special education, school discipline, graduation planning, post graduation planning, enforcing special education rights.

• Special ed student had NPS IEP - prior IEP expired • Assisted with out of state residential placement for

student with severe mental health issues • Located missing credits so student need not repeat class

and could graduate with her peers.

PARTNER JUDI ZNEIMER, Group Home Placement Intake Coordinator • “It is a TEAM effort. One person can’t meet all their needs

but as a team we are making an impact. We have learned to celebrate the small victories along the way and also to encourage each other when the road gets tough and discouraging. One by one we are making a difference.”

• Children Are Our Future group home has agreed to take back youth who AWOL numerous times.

• If there is no vacancy when the youth returns, Judi visits the youth in juvenile hall every couple of days.

• The youth are assigned a mentor. They are given the cell phone numbers for Judi, the mentor, and DPO.

COUNTY BOARD OF SUPERVISORS

• November 27, 2012 directed DCFS to convene task force to address issue of sex trafficking of minors within the foster care system

• Report back in 6 months on: • Scope of problem • Current barriers • Best practices • Recommendation to address DCFS minors in sex

trafficking

MORE WORK NEEDS TO BE DONE

• Screening and assessment tools • Prevention programming for boys and girls in out-of-home placement focusing on healthy relationships, dynamics of exploitation, mental and physical health consequences of running away

• STAR Court services are for delinquent youth, not dependent

MORE WORK NEEDS TO BE DONE

• More training of placements to support CSEC population

• Single family foster homes for probation youth

• Data collection • County-wide MOU

VIOLENCE INTERVENTION PROGRAM

• Specialized clinic to be built in partnership with the Star Court Process and Children’s Court. Will focus on the safety, health and well-being of sexually exploited youth

• Will implement a 24/7 medical/mental health clinic that can provide integrated services for youth while in placement as well as youth living on the streets brought in by social workers, law enforcement and advocates.

VIOLENCE INTERVENTION PROGRAM

• Ancillary services: education advocacy, tattoo removal

• Introduce to clinic when first detained or released

TRAINING COMPLETED • Statewide judges • Court Appointed Special Advocates (CASA) • Lawyers representing foster children, county counsel

• Adult criminal judges • DCFS training staff • Hundreds of probation officers in LA County

WILL TRAIN • Foster and group home providers • Wraparound team • Medical professionals in emergency rooms and rape crisis centers

• Law enforcement • DCFS workers • Attorneys

NEEDS OF CSEC VICTIMS IN CRIMINAL COURT PROSECUTIONS • Safety issues – inform DA, bailiff, detectives, family members.

• Legal representation needed to address 5th amendment issues.

• Witness advocate important • Anticipate need for support after testifying

Results • Increase in school attendance, decrease in substance abuse

• Decrease in number of days waiting in juvenile hall for replacement

• Decrease in number of days youth is on AWOL status

BUDGET • Professional services

• Public Counsel representation for education and other government benefits

• Legal advocacy for youth testifying in criminal proceedings

• Saving Innocence counselors provide advocacy and supportive services to youth

• Support fund • School supplies • Bus passes • Uniforms • Extracurricular activities and incentives

Tips from Commissioner Pratt • Be consistent

• When they return from AWOL: • “Good to see you.” • “I’m glad to know you are safe.”

• Listen • Encourage them to make decisions for themselves

• Be non-judgmental • Do not let them shock you

• Expect denials, inconsistent stories • Do not touch them without permission