HB 571 — Commercial sexual exploitation of children; decriminalize for minors and improve response and support services of government agencies to.

HB 571 (As SentPassed tothe Governor)House) - 2019 Regular Session MISSISSIPPI LEGISLATURE Regular Session To:

Representatives Gunn, Gibbs (36th), Dixon, Taylor, Patterson, Karriem, Gibbs (72nd), Mickens, Baker, Hood, Arnold, Barton, Sykes, Turner, Corley, Oliver, Brown, Reynolds, Snowden, Steverson, Faulkner, Ladner, Miles, Johnson (94th), Chism, Willis House Bill 571 (As SentPassed tothe Governor)House) AN ACT TO AMEND SECTION 97-29-49, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT A MINOR UNDER THE AGE OF 18 CANNOT BE CHARGED WITH THE CRIME OF PROSTITUTION;

TO AMEND SECTIONS 97-3-54.8 AND 97-3-54.9, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE STATEWIDE HUMAN TRAFFICKING COORDINATOR SHALL BE UNDER THE MISSISSIPPI BUREAU OF INVESTIGATION OF THE DEPARTMENT OF PUBLIC SAFETY;

     (3)  In addition to the mandatory reporting provisions contained in Section 97-5-51, any law enforcement officer who * * *takes encounters a minor under eighteen (18) years of age * * *into custody forfor * * * suspected prostitution and has reasonable cause to suspect that the minor has engaged in acts described in this section may take the minor into emergency custody in accordance with the requirements of the Youth Court Act for the purpose of obtaining an order of removal of the minor, and shall * * * immediately contact and make a report to the Department of Child Protection Services * * *DepartmentServices or the Department of Human Services as required in Section 43-21-353 for suspected child sexual abuse or neglect, and the department that receives the report shall commence an initial investigation into suspected child sexual abuse or neglect as required in Section 43-21-353.

and           (g)  Providing a family protection specialist or worker or team of such specialists or workers for a family and child throughout the implementation of their permanent living arrangement plan. plan. Wherever feasible, the same family protection specialist or worker or team shall remain on the case until the child is no longer under the jurisdiction of the youth court.

     Wherever (3) feasible, The Department of Child Protection Services shall administer a system of individualized plans * * *and, reviews and reports once every six (6) months for each child under its custody within the Statesame offamily Mississippi,protection whichspecialist document each child who has been adjudged a neglected, abandoned or abusedworker child, including a child alleged to have experienced commercial sexual exploitation and/or human trafficking and whose custody was changed by court order as a result of that adjudication, and each public or privateteam facility licensed by the department.  The Department of Child Protection Services' administrative review shall beremain completed on each child within the firstcase threeuntil (3) months and a relative placement, fictive kin placement, or foster care review once every six (6) months after the child's initial forty-eight-hour shelter hearing.  That system shall be for the purpose of enhancing potential family life for the child byis theno developmentlonger of individual plans to return the child to the child's natural parent or parents, or to refer the child to the appropriate court for termination of parental rights and placement in a permanent relative's home, adoptive home or foster/adoptive home.  The goal of the Department of Child Protection Services shall be to return the child to the child's natural parent(s) or refer the child to the appropriate court for termination of parental rights and placement in a permanent relative's home, adoptive home or foster/adoptive home within the time periods specified in this subsection or in subsection (4) of this section.  In furthering this goal, the department shall establish policy and procedures designed to appropriately place children in permanent homes, provide counseling services and other appropriate services to children who have been victims of commercial sexual exploitation or human trafficking.  The policy * * *to shall include a system of reviews for all children in foster care, as follows:  foster care counselors in the department shall make all possible contact with the child's natural parent(s), custodial parent(s) of all siblings of the child, and any interested relative for the first two (2) months following the child's entry into the foster care system, and provide care for victims of commercial sexual exploitation or human trafficking.  For purposes of contacting custodial parent(s) of a sibling, siblings include those who are considered a sibling under state law, and those who would have been considered a sibling under state law, except for termination or disruption of parental rights.  For any child who has been in foster care for fifteen (15) of the lastjurisdiction twenty-two (22) months regardless of whether the fosteryouth carecourt. was continuous for all of those twenty-two (22) months, the department shall file a petition to terminate the parental rights of the child's parents.  The time period starts to run from the date the court makes a finding of abuse and/or neglect, or commercial sexual exploitation or human trafficking, or sixty (60) days from when the child was removed from his or her home, whichever is earlier.  The department can choose not to file a termination of parental rights petition if the following apply:

     (3)  The Department of Child Protection Services shall administer a system of individualized plans * * *and, reviews and reports once every six (6) months for each child under its custody within the State of Mississippi, which document each child who has been adjudged a neglected, abandoned or abused child, including a child alleged to have experienced commercial sexual exploitation and/or human trafficking and whose custody was changed by court order as a result of that adjudication, and each public or private facility licensed by the department.  The Department of Child Protection Services' administrative review shall be completed on each child within the first three (3) months and a relative placement, fictive kin placement, or foster care review once every six (6) months after the child's initial forty-eight-hour shelter hearing.  That system shall be for the purpose of enhancing potential family life for the child by the development of individual plans to return the child to the child's natural parent or parents, or to refer the child to the appropriate court for termination of parental rights and placement in a permanent relative's home, adoptive home or foster/adoptive home.  The goal of the Department of Child Protection Services shall be to return the child to the child's natural parent(s) or refer the child to the appropriate court for termination of parental rights and placement in a permanent relative's home, adoptive home or foster/adoptive home within the time periods specified in this subsection or in subsection (4) of this section.  In furthering this goal, the department shall establish policy and procedures designed to appropriately place children in permanent homes, provide counseling services and other appropriate services to children who have been victims of commercial sexual exploitation or human trafficking.  The policy * * *to shall include a system of reviews for all children in foster care, as follows:  foster care counselors in the department shall make all possible contact with the child's natural parent(s), custodial parent(s) of all siblings of the child, and any interested relative for the first two (2) months following the child's entry into the foster care system, and provide preventive care for victims of commercial sexual exploitation or human trafficking.  For purposes of contacting custodial parent(s) of a sibling, siblings include those who are considered a sibling under state law, and those who would have been considered a sibling under state law, except for termination or disruption of parental rights.  For any child who has been in foster care for fifteen (15) of the last twenty-two (22) months regardless of whether the foster care was continuous for all of those twenty-two (22) months, the department shall file a petition to terminate the parental rights of the child's parents.  The time period starts to run from the date the court makes a finding of abuse and/or neglect, or commercial sexual exploitation or human trafficking, or sixty (60) days from when the child was removed from his or her home, whichever is earlier.  The department can choose not to file a termination of parental rights petition if the following apply:

          (h)  Reimbursement for costs of the child's care in the form of a board payment based on the age of the child as prescribed in Section 43-15-17 unless the relative is exempt from foster care training and chooses to exercise the exemption;exemption; * * *and           (i)  Reimbursement for property damages caused by children in the custody of the Department of Child Protection Services in an amount not to exceed Five Hundred Dollars ($500.00), as evidenced by written documentation.  The Department of Child Protection Services shall not incur liability for any damages as a result of providing this reimbursement * * *.;

and           (i) (j)  Reimbursement for propertycosts damagesof causedcounseling byand childrencare inprovided theto custodya victim of thecommercial Departmentsexual ofexploitation Childor Protectionhuman Servicestrafficking in an amount not to exceed Five Hundred Dollars ($500.00), as evidenced by written documentation. documentation from a certified counselor or licensed physician.  The Department of Child Protection Services shall not incur liability for any damages as a result of providing this reimbursement.

                   (h)  Cooperating with any plan to reunite the child with his birth family and work with the birth family to achieve this goal;goal; * * *and           (i)  Attending dispositional review hearings and termination of parental rights hearings conducted by a court of competent jurisdiction, or providing their recommendations to the court in writing * * *.;

and           (i) (j)  Attending dispositionalany reviewmeetings hearingsto andprovide terminationsupport ofto parentala rightschild hearingswho conductedhas byexperienced acommercial courtsexual ofexploitation competent jurisdiction, or providinghuman theirtrafficking. recommendations to the court in writing.

     43-15-51.  (1)  The district attorneys * * *or, the Department of Human Services or the Department of Child Protection Services may initiate formal cooperative agreements with the appropriate agencies to create multidisciplinary child protection teams in order to implement a coordinated multidisciplinary team approach to intervention in reports involving alleged commercial sexual exploitation, human trafficking, or severe or potential felony child physical or sexual abuse, exploitation, or maltreatment.  The multidisciplinary team also may be known as a child abuse task force.  The purpose of the team or task force shall be to assist in the evaluation and investigation of reports and to provide consultation and coordination for agencies involved in child protection cases.  The agencies to be included as members of the multidisciplinary team are:  the district attorney's office, city and county law enforcement agencies, county attorneys, youth court prosecutors, the Human Trafficking Coordinator or his or her designee and other agencies as appropriate.  The Department of Child Protection Services shall be included as a member of the multidisciplinary team if the department does not initiate creation of the team.

     97-3-54.1.  (1)  (a)  A person who coerces, recruits, entices, harbors, transports, provides or obtains by any means, or attempts to coerce, recruit, entice, harbor, transport, provide or obtain by any means, another person, intending or knowing that the person will be subjected to forced labor or services, or who benefits, whether financially or by receiving anything of value from participating in an enterprise that he knows or reasonably should have known has engaged in such acts, shall be guilty of the crime of humanhuman-trafficking. trafficking.

                   (b)  A person who knowingly purchases the forced labor or services of a trafficked person or who otherwise knowingly subjects, or attempts to subject, another person to forced labor or services or who benefits, whether financially or by receiving anything of value from participating in an enterprise that he knows or reasonably should have known has engaged in such acts, shall be guilty of the crime of procuring involuntary servitude.

     (4)  In addition to the mandatory reporting provisions contained in SectionsSection 43-21-353 and 97-5-51, any person who has reasonable cause to suspect that a minor under the age of eighteen (18) is a trafficked person shall immediately make a report of the suspected child abuse or neglect to the Department of Child Protection Services * * *DepartmentServices or Department of Human Services and to the Statewide Human Trafficking Coordinator.  The Department of Child Protection Services * * *DepartmentServices, Department of Human Services or the Statewide Human Trafficking Coordinator, whichever is applicable, shall then immediately notify the law enforcement agency in the jurisdiction where the suspected child abuse * * *orabuse neglect or traffickingneglect occurred as required in Section 43-21-353, and the department that received the report shall also commence an initial investigation into the suspected abuse or neglect as required in Section 43-21-353.  The department that received such report shall provide an annual report to the Speaker of the Mississippi House of Representatives, the Lieutenant Governor, the Chairpersons of the House and Senate Judiciary Committees that includes the number of reports received, the number of cases screened in or out, the number of cases in which care and services were provided as a result of the report, and the type of care and services that were provided.  A minor who has been identified as a victim of trafficking shall not be liable for criminal activity in violation of this section.

     43-21-353.  (1)  Any attorney, physician, dentist, intern, resident, nurse, psychologist, social worker, family protection worker, family protection specialist, child caregiver, minister, law enforcement officer, public or private school employee or any other person having reasonable cause to suspect that a child is a neglected child, * * *or an abused child, a victim of commercial sexual exploitation or human trafficking shall cause an oral report to be made immediately by telephone or otherwise and followed as soon thereafter as possible by a report in writing to the Department of Child Protection Services * * *DepartmentServices or Department of Human Services, and immediately a referral shall be made by the Department of Child Protection Services * * *DepartmentServices or Department of Human ServicesServices, whichever is applicable, to the youth court intake unit, which unit shall promptly comply with Section 43-21-357.  In the course of an investigation, at the initial time of contact with the individual(s) about whom a report has been made under this Youth Court Act or with the individual(s) responsible for the health or welfare of a child about whom a report has been made under this chapter, the Department of Child Protection Services * * *DepartmentServices or Department of Human ServicesServices, whichever is applicable, shall inform the individual of the specific complaints or allegations made against the individual.  Consistent with subsection (4), the identity of the person who reported his or her suspicion shall not be disclosed.  Where appropriate, the Department of Child Protection Services * * *DepartmentServices or Department of Human Services shall additionally make a referral to the youth court prosecutor.

     Upon receiving a report that a child has been sexually abused, or a victim of commercial sexual exploitation or human trafficking, or burned, tortured, mutilated, or otherwise physically abused in such a manner as to cause serious bodily harm, or upon receiving any report of abuse that would be a felony under state or federal law, the department * * *of Human Services that received the report shall immediately notify the law enforcement agency in whose jurisdiction the abuse occurred. * * * and Within forty-eight (48) hours, thesuch department shall notify the appropriate prosecutor * * *within forty‑eight (48) hours, and the Statewide Human Trafficking Coordinator.  The department * * *of Human Services that received the report shall have the duty to provide the law enforcement agency all the names and facts known at the time of the report;

this duty shall be of a continuing nature.  The law enforcement agency and the department * * *of Human Services that received the report shall investigate the reported abuse immediately and shall file a preliminary report with the appropriate prosecutor's office within twenty-four (24) hours and shall make additional reports as new or additional information or evidence becomes available.  The department * * *of Human Services that received the report shall advise the clerk of the youth court and the youth court prosecutor of all cases of abuse reported to the department within seventy-two (72) hours and shall update such report as information becomes available.

     (3)  The Department of Child Protection Services * * *DepartmentServices, Department of Human Services and the Statewide Human Trafficking Coordinator shall maintain a statewide incoming wide-area telephone service or similar service for the purpose of receiving reports of suspected cases of child abuse, commercial sexual exploitation or human trafficking;

     (5)  All final dispositions of law enforcement investigations described in subsection (1) of this section shall be determined only by the appropriate prosecutor or court.  All final dispositions of investigations by the Department of Child Protection Services * * *DepartmentServices or the Department of Human Services as described in subsection (1) of this section shall be determined only by the youth court.  Reports made under subsection (1) of this section by the Department of Child Protection Services * * *DepartmentServices or the Department of Human Services to the law enforcement agency and to the district attorney's office shall include the following, if known to the department:

and           (f)  What, if any, action is being taken by the Department of Child Protection Services * * *DepartmentServices or the Department of Human Services.

     (6)  In any investigation of a report made under this chapter of the abuse or neglect of a child as defined in Section 43-21-105(l) or (m), the Department of Child Protection Services * * *DepartmentServices or the Department of Human Services may request the appropriate law enforcement officer with jurisdiction to accompany the department in its investigation, and in such cases the law enforcement officer shall comply with such request.

     (8)  If a report is made directly to the Department of Child Protection Services * * *DepartmentServices or the Department of Human Services that a child has been abused or neglected or experienced commercial sexual exploitation or human trafficking in an out-of-home setting, a referral shall be made immediately to the law enforcement agency in whose jurisdiction the abuse occurred and the department that received the report shall notify the district attorney's office and StatewideState Human Trafficking Coordinator within forty-eight (48) hours of such report.  The Department of Child Protection Services * * *DepartmentServices or the Department of Human ServicesServices, whichever is applicable, shall investigate the out-of-home setting report of abuse or neglect to determine whether the child who is the subject of the report, or other children in the same environment, comes within the jurisdiction of the youth court and shall report to the youth court the department's findings and recommendation as to whether the child who is the subject of the report or other children in the same environment require the protection of the youth court.  The law enforcement agency shall investigate the reported abuse immediately and shall file a preliminary report with the district attorney's office within forty-eight (48) hours and shall make additional reports as new information or evidence becomes available.  If the out-of-home setting is a licensed facility, an additional referral shall be made by the Department of Child Protection Services * * *DepartmentServices or the Department of Human ServicesServices, whichever is applicable, to the licensing agency.  The licensing agency shall investigate the report and shall provide the department * * *of Human Services,Services that made the referral, the law enforcement agency and the district attorney's office with their written findings from such investigation as well as that licensing agency's recommendations and actions taken.

          (b)(b)   "Judge""Judge" means the judge of the Youth Court Division.

          (c)  "Designee" means any person that the judge appoints to perform a duty which this chapter requires to be done by the judge or his designee.  The judge may not appoint a person who is involved in law enforcement or who is an employee of the Mississippi Department of Human Services or the Mississippi Department of Child Protection Services to be his designee.

          (p)  A "dependent child" means any child who is not a child in need of supervision, a delinquent child, an abused child or a neglected child, and which child has been voluntarily placed in the custody of the Department of * * *Humanof ChildHuman Protection Services by his parent, guardian or custodian.

          (v)  "Any person responsible for care or support" means the person who is providing for the child at a given time.  This term shall include, but is not limited to, stepparents, foster parents, relatives, nonlicensed babysitters or other similar persons responsible for a child and staff of residential care facilities and group homes that are licensed by the Department of Human Services or Department of Child Protection Services.

          (a)  "Sex crime against a minor" means any offense under at least one (1) of the following statutes when committed by an adult against a minor who is under the age of sixteen (16):                (i) (i) Section Section 97-3-65 relating to rape;

              (i)  The reporting requirement under this subsection (3) is satisfied if a mandatory reporter in good faith reports a suspected sex crime against a minor to the Department of * * *Humanof ChildHuman Protection Services under Section 43-21-353.

     (2)  The minimum standards may be changed at any time by the Board of Emergency Telecommunications Standards and Training, but shall always include at least two (2) hours of training related to handling complaints and/or calls of human trafficking and commercial sexual exploitation of children as defined in Section 43-21-105, communicating with such victims and requiring the localcontacting publicof safetythe andDepartment 911of telecommunicatorsChild toProtection contactServices theor Department of ChildHuman Protection Services when human trafficking or commercial sexual exploitation is suspected.

and (ii) in a probationary status.  The minimum educational and training standards for any law enforcement officer assigned to field or investigative duties shall include at least two (2) hours of training related to handling complaints of human trafficking and commercial sexual exploitation of children as defined in Section 43-21-105, communicating with such victims, and requiring the officer to contact the Department of Child Protection Services or the Department of Human Services when human trafficking or commercial sexual exploitation is suspected.

                            (iii)  Name, address and telephone number of each alleged perpetrator.