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WASHINGTON STATE'S RESPONSE TO THE PREVENTING SEX TRAFFICKING AND STRENGTHENING FAMILIES ACT

THE PREVENTING SEX TRAFFICKING AND STRENGTHENING FAMILIES ACT

Federal Requirements

• Develop policies and procedures to identify, document and determine appropriate services for child at risk or who is a victim of sex trafficking • Develop policies to

locate children missing from care

Policy Impacts

• Developed Policy-1160. Commercially Sexually Exploited Children (CSEC)

• No change to existing policy 4550 Children Missing From Care

THE PREVENTING SEX TRAFFICKING AND STRENGTHENING FAMILIES ACT

Federal Requirements• Reasonable and Prudent

Parent Standard and Developmentally appropriate activities for children in foster care

• Case plan of APPLA as a permanency plan limited to youth over age 16.

• Children age 14 and over• Document child’s ed., health,

visitation and court participation rights, right to received credit report annually, and signed acknowledgement

Policy Impacts• Already existed.

Caregiver Guidelines for Foster Childhood Activities

• Permanent and Concurrent Planning Policy (4305) updated

• CA Responsibilities to Dependent Youth 12 Years and Older (43102) updated

THE PREVENTING SEX TRAFFICKING AND STRENGTHENING FAMILIES ACT

Federal Requirements• Case plan to be developed

in consultation with child and at option of child 2 members of case planning team who are not the caseworker or foster parent

• Notifying relatives including parents of child’s siblings

• Providing documents to youth aging out of foster care

Policy Impacts• Shared Planning Policy

(1710) updated

• Already in policy

• Already in policy

THE PREVENTING SEX TRAFFICKING AND STRENGTHENING FAMILIES ACT

Federal Requirements

• Relative Guardianship Assistance Program – provides opportunity for successor guardian to be named and receive RGAP

Policy Impacts

• Updated Relative Guardianship Assistance Program Policy (43401)

COMMERCIALLY SEXUALLY EXPLOITED CHILDREN (CSEC)

• Policy was developed to implement new federal legislation PL 113-183 Preventing Sex Trafficking and Strengthening Families Act

• The Act requires states to identify, document, and determine appropriate services for youth in the care and custody of CA who are at risk or are a victim of sex trafficking

IMPLEMENTATION PLAN9/21-23/2015 Policy Rollout Video Conferences9/29/2015 Policy Effective Date with Graduated Rollout9/1/2015 Pilot Screening Tool

Region 2-Selected sites-Missing From Care Locators begin screening youth returning from run episodes (Part of Federal Grant)

9/16-18, 2015 Train the Trainer Workshop on Sexual Exploitation and Trafficking-Alliance regional trainers participating in training.

10/1/2015 and on-going

Training-Alliance CA Staff will receive training through the Alliance on Sexual Exploitation and Trafficking prior

to utilizing the screening tool. Generalized for all staff-integrate into RCT and other venues In-service level for missing from care locators/leads; CFWS workers; CHET workers; CPS

Investigation workerso General informationo Engagemento Communication

Develop training for caregivers specific to CSEC population-Alliance 

11/1/2015 Pilot Screening ToolRegions 1, 2 and 3-Missing From Care Locators begin screening youth returning from run episodes

1/2016 Pilot Screening ToolCHET workers begin screening child ages 11 and older at initial placement/CFWS services

3/2016 Pilot Screening ToolCFWS workers begin screening when suspicion of CSEC

4/2016 CATS-Begin work on incorporating screening tool in FamLink. Complete by 9/2016

9/2015 to 9/2016 Review current service array and resources. Identify any additional specific services or resources needed for CSEC population. Work with internal and external stakeholders to develop or increase service array within budgetary constraints.

CSEC

“Commercially sexually exploited children” means:

Any child who is sexually abused or exploited for payment, promise of money, goods or services.

CSEC

• CA staff will complete a screening to determine if the child/youth is a victim or at risk of commercial sexual exploitation when:

• The child/youth is age 11 years or older and initially placed in out of home care or receives CFWS services

• There is suspicion that the child/youth may be a victim of sexual exploitation/sex trafficking

• The child/youth has returned to placement after missing from care

CSEC

CA staff must:• Report to:

• CA intake immediately any new allegation of sexual exploitation per mandatory reporting statute

• Law Enforcement within 24 hours of identification when youth is identified as being sex trafficked

• Conduct a Shared Planning meeting for at risk or confirmed CSEC youth

• Identify and refer to appropriate services

• Document services in the case plan and in FamLink

CSEC

Timeline for screening implementation:

• CA staff will complete the CSEC screening tool (DSHS 15-476) as follows

• MFC Locators – Effective November 1, 2015

• CHET Screeners – Effective January 2016• CFWS Caseworkers – Effective March 2016

PERMANENCY PLANNINGLONG-TERM FOSTER CARE

Long-Term Foster Care can only be utilized as an Alternate Permanency Plan for youth 16 years old

and older

• Impacts 4305 Permanent and Concurrent Planning

CA RESPONSIBILITIES TO DEPENDENT YOUTH 12 YEARS AND OLDER

Policy was updated based on changes in federal and state legislation that include:• Informing the court that the youth was asked if

he or she wanted legal representation

• Requiring youth’s signature acknowledging that he or she was informed of their rights while in out-of-home care

• Lowering the age of credit reporting to age 14 

CA RESPONSIBILITIES TO DEPENDENT YOUTH 12 YEARS AND

OLDER•Within 30 days of their 12th birthday and then at least annually CA staff must:

• Discuss and ask youth if he/she wants counsel. Youth’s response must be provided to court.

• Continue to ask youth if youth initially declines, prior to

filing any motion or petition that affects the youth’s: Placement Services Familial relationships

CA RESPONSIBILITIES TO DEPENDENT YOUTH 12 YEARS AND OLDER

• Within 30 days of their 12th birthday and then at least annually CA workers must:

• Provide and discuss Your Rights, Your Life: A Resource for Youth in Foster Care booklet and Rights of Children and Youth in Foster Care Declaration (DSHS-XXXX)

• Obtain youth’s signature on the Rights of Children and Youth in Foster Care Declaration (DSHS-XXXX) and upload into FamLink

• Assist youth 14 and older, in obtaining and reviewing a copy of their Consumer Credit Report annually

CA RESPONSIBILITIES TO DEPENDENT YOUTH 12 YEARS AND OLDER

• Youth was notified of their right to request counsel and the youth’s response

• Rights were provided and explained to the youth

• Youth reviewed his or her credit report

SHARED PLANNING

• Policy was updated to address new federal legislation PL 113-183 Preventing Sex Trafficking and Strengthening Families Act. Update includes:

• Conducting shared planning meetings if a child/youth is identified or suspected of being commercially exploited

• Inviting two “youth identified” support people other than the caregiver and the assigned worker to attend the child/youth’s shared planning meetings

SHARED PLANNING

CA worker responsibilities:• Conduct Case Conference meetings

• Conduct Permanency Planning Meetings every 6 months after the first year until permanent plan is achieved

• Conduct Placement Review Staffing

Invite two “youth identified” support people other than the caregiver and the assigned worker to attend the child/youth’s shared planning meetings

RELATIVE GUARDIANSHIP ASSISTANCE PROGRAM (R-GAP)

RGAP Policy updated (43401)Allows for continuation of the title IV-E R-GAP subsidy

if the relative guardian dies or is incapacitated and successor legal guardian was named when R-GAP Agreement was signed.

• Before subsidy can continue:• The named successor guardian and all adult

household members must pass a background check • The named successor must become legal guardian• Amend the R-GAP Agreement

R-GAP

Impact to CA caseworkers:• Discuss with licensed relative if a successor guardian needs

to be identified prior to finalizing the R-GAP Agreement

Impact to R-GAP Gatekeepers:• Prior to payment, complete:

• Fingerprint background check of the guardian• CA/Ns registry check (in state and out-of-state) on

guardian(s) and all other adults living in the guardian’s home

• Amend R-GAP Agreement when the successor guardian before the new legal guardian

• Questions?

Deanna Bedell, Office ChiefDivision of Program and PolicyChildren’s Administrationdeanna.bedell@dshs.wa.gov360-902-0863