The JuST Response Report: Analyzing state statutory protective responses

Shared Hope International’s JuST Response is a survivor informed, protection-oriented research project that combines research on services for domestic minor sex trafficking victims with an analysis of state statutory protective responses. It serves to deepen knowledge of the interrelationship of statutes, systems, and services in developing state level responses to juvenile sex trafficking victims. By merging research on implementation and policy analysis, the JuST Response seeks to broaden the research in this emerging area to inform legislative efforts and the implementation of existing responses.

“The JuST Response is bringing two very important initiatives for trafficked women and children together…What we are looking at today is this:Should we have to lean towards giving her protection or should we have to lean towards giving her restoration. We are saying we want both. A JuST Response says both. Let’s have a system that protects her. That makes sure she gets the services she is entitled to as a victim of a violent crime, but let’s make sure also that the justice system, the courts, the court room system, all of those things are aligned to protect her and give her justice. We believe a just response harmonizes those two vital, important issues in this fight against child trafficking.”

– Linda Smith, President & Founder of Shared Hope International, JuST Response Experts Council 2015

Experts Council

Last week, Shared Hope International assembled nearly forty experts, advocates, and survivors of  sex trafficking from around the country at the George Washington University Library in the heart of Washington, DC. In its inaugural JuST Response Experts Council meeting, Shared Hope previewed the JuST Response State System Mapping Report that will be released next week (view the webcast). The all-day event allowed the country’s foremost experts to join Shared Hope in identifying priority issues that need to be addressed to provide those victimized through sex trafficking a chance at restoration.

Federal laws, including the Trafficking Victims Protection Action (TVPA) of 2000, deem any minor engaged in a commercial sex act as a victim of sex trafficking. In some states, state laws are only beginning to recognize the crime of sex trafficking as it applies to minors. The JuST Response project merges Shared Hope International’s Protected Innocence Challenge research, the 2012 and 2013 National Colloquiums, the resulting Traffic Stop and National Colloquium 2012 reports and findings from the field, including Shared Hope partners and the Restorative Services Working Group. The JuST Response research identifies common barriers and emerging trends in service responses to juvenile sex trafficking victims by examining noteworthy statutory responses  and implementation of these statutes to connect youth to services. Three critical elements comprise a JuST Response: Statutes, Systems and Services.

1. Statutes: Should direct survivors away from delinquency outcomes, make them immune from prostitution charges, and offer access to specialized services
2. Systems: Interagency collaboration, specialized training, identification and immediate and ongoing assessments are vital
3. Services: An array of specialized services, safe and nurturing environments, and individuals wrap-around continuum of care should be available for survivors

The JuST Response State Mapping report analyzed eight states separated into four categories:

• States that have statutes that allow for immunity from prostitution related charges and mandatory referral to an alternate process: Illinois and Kentucky
• States that provide immunity from prostitution related charges without a referral to an alternate response: Minnesota and Tennessee
• States that do not provide immunity buy require a law enforcement referral to a specialized response: Kansas and Florida
• States that do not provide immunity but specialized diversion process for juvenile sex trafficking victims: Washington and Ohio.

The JuST Response State Mapping Report further recognizes that many states and jurisdictions are implementing components of a JuST Response while still lacking protective response laws. Two main goals of a JuST Response are to avoid re-traumatization and guarantee that survivors have access to appropriate services. Expert Council member discussion reflected the reality that providing a full JuST Response will be an ongoing process, and that there are very few, if any, states that have identified a flawless continuum of care. Instead, the report and ongoing discussions seek to highlight promising practices to support incremental change as we seek to provide justice, safety and restoration to juvenile sex trafficking victims. By strengthening statutes, systems and services, Shared Hope, with the support of the Experts Council, seeks to empower youth and inspire policy makers and service providers to take on the challenge of implementing a JuST Response for those individuals who have survived sex trafficking.

Discussion on Support

On January 30, 2015, the American Youth and Policy Forum (AYPF) held a panel discussing the issue of foster care children emerging from the system at 18 and how organizations and departments in the United States can go about helping to prepare and support them during the transition. The panel included Michael Leach, Director of Independent Living within the Department of Children and Families in Tennessee; Cecilia Tran of California, Policy Analyst for The John Burton Foundation; and Ann Rossi, Department Analyst for the Michigan Department of Human Services.

According to AYPF, over 26,000 youth turn 18 and age out of the foster care system each year. Among them, 40% will experience homelessness and less than 10% will complete a four year college education . They will also deal with financial and emotional struggles. This makes these youth susceptible to trafficking.

AYPF found that 43 states have additional service for foster care kids to the age of 21, three states to the age of 19, two states to the age of 20 and 22, and only one state to the age of 23.

Working at the State Level

Michael Leach spoke about how Tennessee is working with foster kids at an earlier age so they are better prepared once they age out. They are developing better training for foster parents to properly care, educate, and help the kids who come into their home. For those who are exiting out of the foster care system in California, The John Burton Foundation provides housing and helps them learn how to live independently. During this time, some foster kids attend college. Ann Rossi is working in the state of Michigan to help those who enter college from foster care to adapt, do well in academics, graduate, and find employment.

What Can Be Done

We can help foster kids in our communities by simply reaching out to them; being a source of support and encouragement so they do not feel alone. Second, we can share our experiences, knowledge, and resources so they can learn from people they trust. Third, help direct youth by showing them opportunities that are available to them, including education, clubs, athletics, and jobs; activities and roles that are designed to encourage interests and prepare them for life beyond foster care and college.

Shared Hope International partners with Mission 21, an organization that provides training and support to therapeutic foster families who will provide specialized services to youth who have been trafficked. With programs like these and the help of the community, foster kids that age out of the system can be better prepared to live a life where they feel supported by those around them and pursue their goals.