I 

113TH CONGRESS 

1ST SESSION H. R. 1732 

To amend part E of title IV of the Social Security Act to better enable 

State child welfare agencies to prevent human trafficking of children 

and serve the needs of children who are victims of human trafficking, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 25, 2013 

Ms. BASS (for herself, Mr. MARINO, Mr. CHABOT, Mr. FARENTHOLD, Mr. 

GRIJALVA, Ms. JACKSON LEE, Mr. MCDERMOTT, Mr. JOHNSON of Ohio, 

Ms. MOORE, Mrs. NAPOLITANO, Mr. POLIS, Mr. RANGEL, and Mr. 

VARGAS) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by 

the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend part E of title IV of the Social Security Act 

to better enable State child welfare agencies to prevent 

human trafficking of children and serve the needs of 

children who are victims of human trafficking, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Strengthening the 

3 Child Welfare Response to Human Trafficking Act of 

4 2013’’. 

5 SEC. 2. BEST PRACTICES GUIDELINES TO COMBAT TRAF6 FICKING OF CHILDREN. 

7 Within 1 year after the date of the enactment of this 

8 Act, the Secretary of Health and Human Services shall 

9 develop and publish guidelines to assist State, Indian 

10 tribe, and tribal organization child welfare agencies and 

11 juvenile and family courts in efforts to appropriately serve 

12 youth who are victims of trafficking (as defined in section 

13 103(15) of the Trafficking Victims Protection Act of 

14 2000) and youth who are at-risk of becoming such a vic15 tim. In developing the guidelines, the Secretary shall con16 sult appropriate agencies throughout the Federal Govern17 ment, including the Department of Justice, the Federal 

18 Bureau of Investigation, the Department of Homeland Se19 curity, and the Trafficking in Persons Office of the De20 partment of State. In developing the guidelines, the Sec21 retary should also utilize multi-disciplinary research, evi22 dence-based and promising models and programs, and is 

23 encouraged to include input from child welfare agencies 

24 that have developed trafficking-specific programs, juvenile 

25 and family courts, law enforcement agencies with anti26 human trafficking protocols in place, runaway and homeVerDate Mar 15 2010 02:04 May 01, 2013 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1732.IH H1732

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1 less youth organizations, anti-human trafficking nonprofit 

2 organizations, and human trafficking survivors. The 

3 guidelines shall include sections on the following: 

4 (1) PERSONNEL RESOURCES.—Sample training 

5 materials, protocols, and screening tools that pre6 pare child welfare personnel to identify and serve 

7 youth who are victims of trafficking (as so defined) 

8 or are at-risk of becoming such a victim. 

9 (2) SERVICE DELIVERY.—Specific strategies to 

10 identify victims, manage cases, and improve services 

11 to meet the unique needs of foster youth who are 

12 also victims of trafficking (as so defined). The strat13 egies should be comprehensive, multi-disciplinary, 

14 client-centered, strength-based, trauma-informed, 

15 and inclusive of all genders. 

16 (3) COLLABORATION.—Sample protocols for ef17 fective, cross-system collaboration between local 

18 agencies and non-profit organizations, including 

19 child welfare, medical and health professionals, Fed20 eral, State, and local police, juvenile detention cen21 ters and courts, and runaway and homeless youth 

22 programs, schools, and organizations already serving 

23 victims of trafficking (as so defined). 

24 (4) RESIDENTIAL PLACEMENT.—A list of rec25 ommendations to establish safe residential placeVerDate Mar 15 2010 02:04 May 01, 2013 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1732.IH H1732

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1 ments for foster youth who have been trafficked (as 

2 so defined) as well as training guidelines for care3 givers that serve youth being cared for outside the 

4 home. 

5 (5) DOCUMENTATION AND DATA.—Sample pro6 tocols and recommended strategies in order to iden7 tify victims as well as collect, document, and share 

8 data across systems. Recommendations should be de9 signed to help agencies better understand the type 

10 of trafficking involved, the scope of the problem, the 

11 specific needs of the population to be served, and the 

12 degree of victim interaction with multiple systems. 

13 Recommendations may address incorporating human 

14 trafficking designations in existing statewide auto15 mated child welfare information systems. 

16 (6) PREVENTION.—Recommended actions for 

17 child welfare agencies and personnel that will help to 

18 prevent foster youth from becoming victims of 

19 human trafficking. 

20 SEC. 3. STREAMLINE DATA COLLECTION AND REPORTING. 

21 (a) STATE PLAN REQUIREMENTS UNDER THE FOS22 TER CARE AND ADOPTION ASSISTANCE PROGRAM.—Sec23 tion 471(a) of the Social Security Act (42 U.S.C. 671(a)) 

24 is amended— 


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1 (1) by striking ‘‘and’’ at the end of paragraph 

2 (32); 

3 (2) by striking the period at the end of para4 graph (33) and inserting ‘‘; and’’; and 

5 (3) by adding at the end the following: 

6 ‘‘(34) provides that— 

7 ‘‘(A) reasonable efforts shall be made to— 

8 ‘‘(i) identify and document appro9 priately in agency records each child over 

10 whom the agency has responsibility for 

11 placement, care, or supervision and who is 

12 identified as being a victim of trafficking 

13 (as defined in section 103(15) of the Traf14 ficking Victims Protection Act of 2000), as 

15 such a victim; and 

16 ‘‘(ii) specify in the records of the 

17 agency, the type of trafficking described in 

18 subparagraphs (A) and (B) of section 

19 103(9) of such Act to which the child has 

20 been subjected; and 

21 ‘‘(B) the agency shall report within 72 

22 hours to appropriate law enforcement agencies 

23 for entry into the National Crime Information 

24 Center database the identity of each child to 


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1 whom the agency is providing child welfare 

2 services who— 

3 ‘‘(i) is missing or has been abducted; 

4 or 

5 ‘‘(ii) is identified as such a victim.’’. 

6 (b) CAPTA AMENDMENTS.—Section 106 of the 

7 Child Abuse Prevention and Treatment Act (42 U.S.C. 

8 5106a) is amended— 

9 (1) in subsection (b)(2)(B)— 

10 (A) in clause (xxii), by striking ‘‘and’’ at 

11 the end; 

12 (B) in clause (xxiii), by striking the semi13 colon at the end and inserting ‘‘; and’’; and 

14 (C) by adding at the end the following: 

15 ‘‘(xxiv) provisions and procedures for 

16 the assessment and identification of vic17 tims of trafficking (as described in para18 graph (9) of section 103 of the Trafficking 

19 Victims Protection Act of 2000 (22 U.S.C. 

20 7102)), as well as comprehensive training 

21 and services to serve such victims;’’; and 

22 (2) in subsection (d), by adding at the end the 

23 following: 

24 ‘‘(17) The number of children determined to be 

25 a victim of each type of trafficking described in subVerDate Mar 15 2010 02:04 May 01, 2013 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1732.IH H1732

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1 paragraphs (A) and (B) of section 103(9) of the 

2 Trafficking Victims Protection Act of 2000 (22 

3 U.S.C. 7102(9)).’’. 

4 SEC. 4. REPORT TO THE CONGRESS. 

5 Within 18 months after the date of the enactment 

6 of this Act, the Secretary of Health and Human Services 

7 shall submit to the Congress a report that— 

8 (1) outlines the prevalence of the acts and prac9 tices that constitute severe forms of trafficking in 

10 persons (as defined in section 103(9) of the Traf11 ficking Victims Protection Act of 2000) and de12 scribes the specific type of trafficking described in 

13 such section to which children who are under the 

14 placement, care, or supervision of State, Indian 

15 tribe, or tribal organization child welfare agencies 

16 nationwide have been subjected; 

17 (2) includes the general trends and context of 

18 trafficking sustained by the children, including spe19 cific information on victims of sex trafficking (as de20 scribed in section 103(9)(A) of such Act) and vic21 tims of labor trafficking (as described in section 

22 103(9)(B) of such Act); 

23 (3) lists data specific to each State, Indian 

24 tribe, or tribal organization child welfare agency; 


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1 (4) summarizes the practices and protocols uti2 lized by State agencies to identify and serve child 

3 victims of trafficking (as defined in section 103(15) 

4 of such Act) as well as the extent to which these 

5 procedures exist within State agencies around the 

6 Nation; 

7 (5) proposes an ongoing method of supporting 

8 and monitoring the efforts of State, Indian tribe, 

9 and tribal organization child welfare agencies to 

10 serve children over whom the agency has responsi11 bility for placement, care, or supervision and who 

12 are identified as being a victim of trafficking (as de13 fined in section 103(15) of such Act); 

14 (6) evaluates the feasibility and appropriateness 

15 of collecting annual or semiannual data from child 

16 welfare agencies regarding the number of and serv17 ices provided to child trafficking victims served by 

18 child welfare agencies; 

19 (7) evaluates the effects of the method proposed 

20 under paragraph (2) of this subsection on the agen21 cies with responsibility for implementing the method; 

22 and 

23 (8) specifies any changes in law or regulation 

24 that will be necessary to implement the method pro25 posed under such paragraph (2). 


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1 SEC. 5. EFFECTIVE DATE. 

2 (a) IN GENERAL.—Except as otherwise provided in 

3 this section, the amendments made by this Act shall take 

4 effect on the date that is 1 year after the date of the enact5 ment of this Act. 

6 (b) DELAY PERMITTED IF STATE LEGISLATION RE7 QUIRED.—In the case of a State plan approved under part 

8 E of title IV of the Social Security Act which the Secretary 

9 of Health and Human Services determines requires State 

10 legislation (other than legislation appropriating funds) in 

11 order for the plan to meet the additional requirements im12 posed by this Act, the State plan shall not be regarded 

13 as failing to comply with the requirements of such part 

14 solely on the basis of the failure of the plan to meet such 

15 additional requirements before the 1st day of the 1st cal16 endar quarter beginning after the close of the 1st regular 

17 session of the State legislature that ends after the 1-year 

18 period beginning with the date of the enactment of this 

19 Act. For purposes of the preceding sentence, in the case 

20 of a State that has a 2-year legislative session, each year 

21 of the session is deemed to be a separate regular session 

22 of the State legislature. 

Æ 


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