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SECTION 1. SHORT TITLE.

This Act may be cited as the ''Strengthening the Child Welfare
Response to Human Trafficking Act of 2011''.

SEC. 2. IMPROVING LOCAL EFFORTS TO COMBAT TRAFFICKING AND SEXUAL
EXPLOITATION.

(a) Employee Training Guidelines and Resources.--The Secretary of
Health and Human Services shall develop and publish guidelines
(including a list of recommended experts in the field) for use by State
child welfare agencies in training appropriate child welfare employees
and court employees in identifying, documenting, educating, and
counseling children being provided services by the agencies who are at
risk of becoming a victim of trafficking (as defined in section 103(14)
of the Trafficking Victims Protection Act of 2000) or who are human
trafficking victims who may need to be in the care of the child welfare
system. The guidelines should also include tips on how the child
welfare employee can effectively engage, educate, and support the
parents of such a child victims, if appropriate.
(b) Best Practices Toolkit.--The Secretary of Health and Human
Services shall develop and publish guidelines that contain
recommendations on how State child welfare agencies may prevent
children from becoming a victim of trafficking (as defined in section
103(14) of the Trafficking Victims Protection Act of 2000), which
should include advice on how State and local law enforcement agencies
may collaborate proactively with non-profit organizations on how to
manage cases involving a child who is such a victim. In developing the
best practices toolkit, the Secretary of Health and Human Services is
encouraged to utilize multi-disciplinary research, peer-reviewed
research, evidence-based treatments and programs, and input from child
welfare agencies that have developed human trafficking specific
programs, and to consult appropriate agencies throughout the Federal
Government such as the Federal Bureau of Investigation and the
Trafficking in Persons Office of the Department of State. The Secretary
of Health and Human Services should also consider how the Department of
Health and Human Services can best provide support to monitor and
evaluate existing and related programs at State and county agencies and
outline these support mechanisms in the best practices toolkit.
(c) Residential Safe Havens.--The Secretary of Health and Human
Services shall draft recommendations for State child welfare agencies
on how to best update licensing requirements for child-care
institutions so that specialized, long-term residential facilities or
safe havens serving children who are human trafficking victims can
qualify as child-care institutions under part E of title IV of the
Social Security Act, so that such children who are in the care of the
State may receive the best care and services possible.
(d) Streamline Data Collection and Reporting.--Section 471(a) of
the Social Security Act (42 U.S.C. 671(a)) is amended--
(1) by striking ''and'' at the end of paragraph (32);
(2) by striking the period at the end of paragraph (33) and
inserting ''; and''; and
(3) by adding at the end the following:
''(34) provides that--
''(A) the records of the agency classify each child
to whom the agency is providing child welfare services
and whom the agency has identified as being a victim of
trafficking (as defined in section 103(14) of the
Trafficking Victims Protection Act of 2000), as a child
trafficking victim, and specify the reasons why the
child is so classified;
''(B) each report submitted by the agency to the
data collection system established under section 479
includes information on each child so classified; and
''(C) the agency shall report the identity of each
child to whom the agency is providing child welfare
services and who is missing or has been abducted,
immediately to appropriate law enforcement agencies for
entry into the National Crime Information Center
database.''.
(e) Documentation of Child Safety and Related Specialized
Services.--Section 475(1) of such Act (42 U.S.C. 675(1)) is amended by
adding at the end the following:
''(H) In the case of a child classified by the
State agency as a victim of trafficking (as defined in
section 103(14) of the Trafficking Victims Protection
Act of 2000), a documentation of the measures taken to
ensure the safety of the child in the placement and of
the extent to which the child is receiving services
designed specifically to meet the needs of trafficked
children, such as intensive case management, mental
health counseling, security services, language, and
cultural competency.''.
(f) Extend Services for Trafficked Youth to Age 21.--Section 477(a)
of such Act (42 U.S.C. 677(a)) is amended--
(1) by striking ''and'' at the end of paragraph (6);
(2) by striking the period at the end of paragraph (7) and
inserting ''; and''; and
(3) by adding at the end the following:
''(8) to ensure that each child in foster care and each
former foster care recipient who is a victim of trafficking (as
defined in section 103(14) of the Trafficking Victims
Protection Act of 2000) is able to access the services
described in section 475(1)(H) of this Act until the child
attains 21 years of age.''.
(g) Effective Date.--
(1) In general.--Except as otherwise provided in this
section, this section and the amendments made by this section
shall take effect on January 1, 2012.
(2) Delay permitted if state legislation required.--In the
case of a State plan approved under part E of title IV of the
Social Security Act which the Secretary of Health and Human
Services determines requires State legislation (other than
legislation appropriating funds) in order for the plan to meet
the additional requirements imposed by this section, the State
plan shall not be regarded as failing to comply with the
requirements of such part solely on the basis of the failure of
the plan to meet such additional requirements before the 1st
day of the 1st calendar quarter beginning after the close of
the 1st regular session of the State legislature that ends
after the 1-year period beginning with the date of the
enactment of this Act. For purposes of the preceding sentence,
in the case of a State that has a 2-year legislative session,
each year of the session is deemed to be a separate regular
session of the State legislature.

SEC. 3. PROVISION OF SERVICES BY CHILD WELFARE AGENCIES TO PREVENT
HUMAN TRAFFICKING OF CHILDREN, AND TO SERVE THE NEEDS OF
CHILDREN WHO ARE VICTIMS OF HUMAN TRAFFICKING.

Section 471(a) of the Social Security Act (42 U.S.C. 671(a)), as
amended by section 2(d) of this Act, is amended--
(1) by striking ''and'' at the end of paragraph (33);
(2) by striking the period at the end of paragraph (34) and
inserting ''; and''; and
(3) by adding at the end the following:
''(35) not later than January 1, 2013, describes the
practices and future plans of the State child welfare agency
regarding the human trafficking and commercial sexual
exploitation of foreign, United States citizen, and legal
resident children, including--
''(A) collaborations with local and State agencies
and nonprofit organizations to identify and care for
children believed or confirmed to be, or at-risk of
becoming victims of a severe form of human trafficking;
''(B) training for the child welfare employees who
are likely to come into contact with child victims of
human trafficking;
''(C) jurisdictional limits and other issues that
hinder State child welfare response to aid child
victims of human trafficking;
''(D) data collection regarding children identified
by child welfare services as victims of trafficking
and, if known, the relationship between the child and
the exploiter; and
''(E) prevention education to families and at-risk
children, including runaway and homeless youth,
regarding human trafficking and commercial sexual
exploitation.''.
Output:
Strengthening the Child Welfare Response to Human Trafficking Act of 2011 - Directs the Secretary of Health and Human Services (HHS) to develop guidelines for use by state child welfare agencies in training appropriate child welfare employees and court employees in identifying, documenting, educating, and counseling children at risk of becoming victims of trafficking or who are human trafficking victims who may need to be in the care of the child welfare system.

Requires the Secretary to develop guidelines that contain recommendations on how state child welfare agencies may prevent children from becoming victims of trafficking, including advice on how state and local law enforcement agencies may collaborate proactively with nonprofit organizations on how to manage cases involving a child who is such a victim.

Requires the Secretary to draft recommendations for state child welfare agencies on how to best update licensing requirements for childcare institutions so that specialized, long-term residential facilities or safe havens serving children who are human trafficking victims can quality as childcare institutions under part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act.

Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to require state part E plans to include components that provides that: (1) the records of the agency classify each child to whom the agency is providing child welfare services and whom the agency has identified as being a victim of trafficking, and specify the reasons why the child is so classified; (2) each report submitted by the agency to the data collection system includes information on each child so classified; and (3) the agency shall report immediately to the appropriate law enforcement agencies for entry into the National Crime Information Center database the identity of each missing or abducted child to whom the agency is providing child welfare services.

Includes as part of the case plan for a child classified as a victim of trafficking documentation of the measures taken to ensure the child's safety and of specifically designed services the child is receiving.

Extends to age 21 any services for trafficked youth under the John H. Chafee Foster Care Independence Program.

Requires state part E plans to describe the practices and future plans of the state child welfare agency regarding the human trafficking and commercial sexual exploitation of foreign, U.S. citizen, and legal resident children.