MOU

Question 1

Mission Statement

Answer 1

The Care Coordination Team of Smith County will work to provide a collaborative approach to serving child sex trafficking victims, survivors and their families while reducing trauma through a unified effort.

Question 2

Vision Statement

Answer 2

Smith County will work to provide a trauma informed response in effort to eliminate child sexual exploitation.

Question 3

Sex Trafficking: Family Code Definition

Answer 3

Compelling or encouraging the child to engage in sexual conduct as defined by Section 43.01, Penal Code , including compelling or encouraging the child in a manner that constitutes an offense of trafficking of persons under Section 20A.02(a)(7) or (8), Penal Code , prostitution under Section 43.02(b), Penal Code , or compelling prostitution under Section 43.05(a)(2), Penal Code ;
-Texas Family Code §261.001(1)(G)
Knowingly causing, permitting, encouraging, engaging in, or allowing a child to be trafficked in a manner punishable as an offense under Section 20A.02(a)(5), (6), (7), or (8), Penal Code , or the failure to make a reasonable effort to prevent a child from being trafficked in a manner punishable as an offense under any of those sections

Question 4

Child Sex Trafficking (CST) Victim

Answer 4

A child under 18 years of age, who makes an outcry of trafficking, or any child under 18 years of age, who comes into contact with Law enforcement, DFPS, CAC, Advocate Agency, medical staff, Juvenile Services, the District Attorney’s Office, or any reporting adult, under circumstances arising to the level of probable cause that the child is a victim of CST.

Question 5

CCT High Risk Youth (HRY)

Answer 5

One or more of the following:
a. Children contacted by anyone in circumstances that would give a prudent person reasonable
suspicion the child is being encouraged or compelled to engage in sexual conduct.
b. Children who are reported missing or runaway to law enforcement and other professionals,
more than (4) times in a 12-month period.
c. Children who are 12 years of age or younger and are missing or runaway.
d. Children who have been a runaway and missing for over (30) consecutive days.
e. Children with two (2) or more separate incidences of sexual abuse and/or exploitation in a 12- month period.
f. Children screened (CSE-IT) during contact with LE, counseling services, DFPS, Juvenile Probation, medical personnel, school personnel, or an advocate agency using a validated commercial sexual exploitation tool and scored within a range of clear concern for commercial sexual exploitation.
g. Children in DFPS conservatorship, who are missing, or are on runaway status.
h. Missing or runaway children under 18 years old suffering from any mental or physical disabilities.

Question 6

Rapid Response Team (RRT)

Answer 6

A coordinated crisis response to reports of CST provided by the following team members: Law enforcement, DFPS, CAC, advocate agency, medical staff, juvenile services, and the DA’s office. RRT is utilized during the Rapid Response phase when an identified victim of CST is recovered.

Question 7

Care Coordination Team (CCT)

Answer 7

The Care Coordination Team consists of interagency multidisciplinary team members who collaborate to coordinate the care and services for victims of child sex trafficking. The CCT meets regularly to develop and recommend service plans and monitors the progress of CST victims through the continuum of care.

Question 8

Commercial Sexual Exploitation – Identification Tool (CSE-IT)

Answer 8

Developed by WestCoast Children’s Clinic, the CSE-IT is a validated universal screening tool to aid in identifying sexually exploited youth.

Question 9

Care Coordinator (CC) at Children’s Advocacy Center of Smith County

Answer 9

The Children’s Advocacy Center of Smith County serves as the CST Care Coordinator. The Advocacy Center coordinates with all participating agencies and service providers to ensure a strong, cohesive and collaborative approach to all victims of CST from identification through the investigation process until case has been discharged from the Care Coordination Team. The Care Coordinator will also ensure resources are identified and utilized when needed and critical relationships are cultivated and maintained amongst the CST Care Coordination Team and community agencies.

Question 10

Commercial Sexual Exploitation of Youth Advocate (CSEY Advocate)

Answer 10

The role of the CSEY Advocate is to provide advocacy services to child victims of sex trafficking

Question 11

Initial Investigative Responsibility

Answer 11

is determined in the following order:
a. Jurisdiction of Recovery- Law Enforcement agency that recovers the victim will activate the process.
b. Location of offense- Location where the individual incidents occurred if it is clearly defined (e.g.: a home, hotel room, or other identified location).
c. Location of child’s residence.
d. Place of Origin- Location determined to be where the child was first contacted by someone
associated with the child’s exploitation.

Question 12

Initial Response

Answer 12

0-24 hours

Question 13

Initial Response- Identified CST victim

Answer 13

(i) When a CST is recovered, LE will generally get the initial call. If a CST is recovered by other means (e.g., DFPS staff, community partners), LE will be immediately notified based on the guidelines listed in the “Initial Investigative Responsibility” section of this protocol.
(ii) Upon recovery of a CST, the recovering officer shall follow their department policy requirements. This will include immediately notifying the LE Investigator within or outside the agency that is designated to investigate incidents of child exploitation or child sexual abuse.
(iii) In addition to following mandated reporting laws and notifying DFPS, LE will notify the Care Coordinator (CC) and share relevant information.
(iv) The CC will ensure that a DFPS Investigator or Special Investigator (SI ) has been notified for a response; whichever is closest.

Question 14

Rapid Response for CST victim- When children are not in the conservatorship of DFPS, the following actions will be taken:

Answer 14

1) The assigned DFPS staff will:
a) Fully identify the child.
b) Search and review all prior DFPS history.
c) Determine if the child is currently in the care and custody of the State of Texas DFPS.
2) Determine if the information received falls within the jurisdiction of DFPS to investigate.
a) If response is warranted, A DFPS Investigator (CPI), will respond to the location to investigate as soon as possible upon notification.
b) The assigned SI will serve as the liaison between LE and DFPS .
c) Action will be taken by DFPS to ensure the safety of the child; input will be gathered from all relevant Rapid Response Team members, should placement outside of the home be necessary.3) If transportation or supervision of the child is needed for any reason for an extended period, the assigned DFPS staff will consult with the Program Director immediately.
4) When possible, DFPS and/or the LE Investigator will attempt to notify the legal guardian that a recovery has occurred. The CC will ensure all proper notifications to legal guardians have occurred.
5) If DFPS has sufficient jurisdiction to investigate and a removal of the child is necessary and allowable under statutes, DFPS will consult with appropriate members of the Rapid Response Team; to include but not limited to LE, CC, and CSEY ADVOCATE, if applicable, in order to identify and execute appropriate placement of the child while adhering to the policies and procedures of the Department. The CSEY ADVOCATE will remain with the child until placement is completed, in most cases.
6) If DFPS does not have sufficient jurisdiction to investigate, the LE Investigator and SI, in consultation with the CC and members of the RRT, will determine the initial placement. The CSEY ADVOCATE will remain with the child until placement is completed, in most cases.

Question 15

Rapid Response for CST victim- If CST is in DFPS custody:, the following actions will be taken:

Answer 15

1) DFPS staff will notify the CPS Supervisor or Program Director (PD) assigned to the case, or on-call Supervisor or Program Director if after hours, to advise of the CST’s recovery.
2) The CPS Supervisor or Program Director will contact the appropriate SI to respond as soon as possible to assist with the recovered CST in DFPS custody.
3) The CPS Supervisor, with PD approval, shall give consent to Advocate involvement for a child that has not previously been matched with one.

Question 16

Rapid Response continued

Answer 16

(vii) CC will contact CSEY ADVOCATE. Arrangements will be made for an advocate to respond to the victim’s location within 90 minutes.
(viii) Members of RRT will share information with one another to determine the order of the next appropriate services:
1) A Medical Evaluation will be requested on all CST.
a) Law Enforcement will request/coordinate the medical through the CC.
b) CC will coordinate medical evaluation.
c) CC will inquire if CST appears to be under the influence of substances, and this information will be shared with on-call medical coordinator.
2) A Mental Health Crisis Assessment will be indicated based on the criteria below. If a mental health crisis assessment is indicated, the LE Investigator will follow their department policy requirements to seek emergency mental health services.
a) CST exhibits suicidal ideation, homicidal ideation or self-harming behaviors.
b) CST presents in psychological duress.
3) A Forensic Interview will be conducted in accordance to the CACSC MDT Working Protocols. The CC will notify the Forensic Interviewer on-call.
(ix) If it is determined that the CST needs to be transported other than to the hospital for emergency care, law enforcement may arrange (if allowed by department policy) for transportation of the CST where necessary.
(x) The CC will assist the RRT with contacting shelter agencies [if appropriate]. The CC will adhere to DFPS policies for placement requests.

Question 17

Rapid Response- Upon completion of the initial investigative interview and initial placement

Answer 17

LE and DFPS will conduct their respective follow-up investigations according to their respective agency’s policies and contact the Smith County District Attorney’s Office and/or Juvenile Probation Services for consultation, as needed.
(xii) Within 48 hours, the CC will facilitate a Rapid Response Team staffing (through phone calls/emails/face to face meeting) and capture all agency decisions and action plans, as permitted.

Question 18

Initial Response-Traditional DFPS/LE Report for Identified CST

Answer 18

(i) Once the report has been received, if it is determined that the CST does not have a safe placement, the case will be become a Rapid Response and subject to the protocol listed above in the “Rapid Response” section.
(ii) When an intake of CST is received by DFPS through SWI, the following actions will be taken:
1) Review and determine if allegations meet the statutory jurisdiction for the Department for investigations.
2) Notify DFPS Special Investigator (SI) of the report for secondary assignment, if determined necessary.
3) DFPS will notify appropriate LE agency.
4) The assigned DFPS staff will act as evaluator to determine if child has suffered or is at risk of suffering from any type of abuse or neglect that would warrant an investigation by DFPS.
5) The assigned SI will serve as the liaison between LE and DFPS, and be assigned secondary on the case.
6) Action will be taken by DFPS to ensure the safety of the child; input will be gathered from all relevant Rapid Response team members should placement outside of the home be necessary.

Question 19

Initial Response-When an intake of CST is received by a LE agency, the following actions will be taken:

Answer 19

1) Case referrals will be sent to the Law Enforcement agency where the offense was reported and handled according to that agency’s current investigative practices and procedures. If original jurisdiction cannot be determined, the case should be referred to as outlined above in the section, “Initial Investigation Responsibilities”.
2) If a report indicating CST is received as a delayed offense, an officer may initiate the report, but should contact the LE Investigator, in accordance with department policy, to inform them of this reported offense. Although the reported offense is considered to be delayed, the LE Investigator should take into consideration the victim may return to the trafficker, or there are likely to be active victims associated with the same trafficker.
3) The LE Investigator, in accordance with mandatory reporting laws, will make a report to DFPS Statewide Intake.
(iv) LE will notify the Care Coordinator (CC) and share relevant information.
(v) After Consent to Share Information is completed by CST’s guardian, CC will contact CSEY ADVOCATE on behalf of LE and share CST information. A CSEY ADVOCATE will be assigned to the CST. (See appendix A for sample Consent to Share Information form)
(vi) Law Enforcement, DFPS, CC and the CSEY ADVOCATE will share information to determine the next appropriate service:
1) A Medical Evaluation will be requested on all CST.
a) Law Enforcement will request/coordinate the medical through the CC.
b) CC will coordinate medical evaluation.
c) CC will inquire if CST appears to be under the influence of substances, and this information will be shared with on-call medical coordinator.
2) A Mental Health Crisis Assessment will be indicated based on the criteria below. If a mental health crisis assessment is indicated, the LE Investigator will follow their department policy requirements to seek emergency mental health services.
a) CST exhibits suicidal ideation, homicidal ideation or self-harming behaviors.
b) CST presents in psychological duress.
3) A Forensic Interview will be conducted in accordance to the CACSC MDT Working Protocols. The CC will notify the Forensic Interviewer on-call.
(vii) Upon completion of the initial investigative interview and initial placement, LE and DFPS will conduct their respective follow-up investigations according to their respective agency’s policies and contact the Smith County District Attorney’s Office and/or Juvenile Probation Services for consultation, as needed.
(viii) Within 48 hours, the CC will facilitate a CST staffing (through phone calls/emails/face to face meeting) and capture all agency decisions and action plans, as permitted.

Question 20

When a High-Risk Youth (HRY) is identified and/or recovered

Answer 20

the identifying agency will notify CC to initiate a response. If it is determined that the HRY does not have a safe placement, the case will become a Rapid Response and subject to the protocol listed above in the “Rapid Response” section.
(b) In addition to following mandated reporting laws, when appropriate, CC will ensure that all investigative agencies have been notified.
(c) Once a referral has been made, LE and DFPS will conduct their respective follow-up investigations according to their respective agency’s policies.
(d) When appropriate, CC will ensure that the Consent to Share Information form has been completed by the HRY’s legal guardian.
(e) Information will be gathered from the referring agency, and the Care Coordination Team will share information necessary for the investigative agencies to determine the next appropriate service:
(i) A Forensic Interview will be conducted in accordance to the CACSC MDT Working Protocols. The CC will notify the Forensic Interviewer on-call. The goal of this investigative interview is to identify the child’s safety, health, protection, and to determine if a criminal offense occurred.
1) Forensic interviews will be requested on HRY children, when possible, in the following circumstances:
a) Children under the age of 13 who have been reported as a runaway/missing.
b) Children 13 years of age or older with multiple runaway/missing reports.
i) Multiple runaways are defined as three or more times within a nine-month period.
c) Children who have been listed as runaway/missing for over thirty consecutive days.
d) Children who have runaway/missing and are currently under Department of Family and Protective Services (DFPS) custody.
e) Children with repeated reports of sexual abuse and exploitation (if not already interviewed).
i) Repeat victims of sexual abuse will be defined as two or more separate incidences within a 24-month time frame.
2) Forensic interviews may be requested on HRY in the following circumstances:
a) Children who were screened using a validated commercial sexual exploitation tool and scored within a range of clear concern for commercial sexual exploitation.
b) Children who are determined by LE, DFPS, Juvenile Probation, or medical personnel to be at serious risk.
i) A Mental Health Crisis Assessment will be indicated based on the criteria below. If a mental health crisis assessment is indicated, the LE Investigator will follow their department policy requirements to seek emergency mental health services.
a. CST exhibits suicidal ideation, homicidal ideation or self-harming behaviors.
b. CST presents in psychological duress.
(f) If at any point the HRY is identified as a trafficked youth, refer to the Identified CST Response Plan listed above.
(g) Within one week, the CC will facilitate an HRY team staffing (through phone calls/emails/face to face meeting) and capture all agency decisions and action plans, as permitted.

Question 21

For the following High-Risk Youth categories, the High-Risk Care Coordination Referral Form will be completed and submitted to the CC:

Answer 21

1) Children who were screened using a validated commercial sexual exploitation tool and scored within a range of clear concern for commercial sexual exploitation.
2) Children who are determined by LE, DFPS, Juvenile Probation, or medical personnel to be at serious risk.

Question 22

Crisis Management

Answer 22

24-72 hours

Question 23

Crisis Management- Identified CST victim

Answer 23

(a) When a youth has been identified as a being a victim of child sex trafficking the CC will do the following within the first 24-72 hours, in no particular order, unless specified in the document.
(i) Verify and complete victim information in the CAC database.
1) Victim Demographics
2) Prior History
3) Identify current and/or previous treatment providers
4) Identify current and/or previous interactions with social service agencies
5) Understand family dynamics.
(ii) Review CST status with DFPS, CSEY ADVOCATE, SCJPS, and law enforcement.
(iii) Ensure that parents or legal guardians have been contacted, and consent for exchange of information documentation has been obtained.
(iv) Once consent for information has been obtained, CCT member will contact parent/legal guardian, ensure that communication takes place and that the recommendations for follow up have been initiated.
1) Identify needs and work to obtain needed resources.
2) Make appropriate referrals.
3) Document and communicate decisions to all applicable parties.
4) Ensure that medical evaluation has been completed.

Question 24

Crisis Management- Identified CST victim continued

Answer 24

(b) CSEY ADVOCATE will communicate the following to CC and other applicable MDT members within the first 24-72 hours:
(i) Emotional state of CST
(ii) Stability of placement
(iii) Status of safety planning
(iv) Case management activities directed at placement change and/or geographic relocation.
1) Advocate will make all reasonable attempts to solicit CC and applicable CCT members for input in advance of reaching final decisions.
2) CSEY ADVOCATE to update as to physical status.
(v) If CSEY ADVOCATE deems appropriate, the advocate will refer the caregiver to the CACSC Family Advocate Program.
1) Attach referral form to Protocol addendum.
2) Family Advocacy to reach out to caregivers if the family refuses CSEY ADVOCATE involvement.
3) The Family Advocate will encourage families to reengage in services.
(c) If the placement is unsafe, the identifying CCT member will immediately notify DFPS and law enforcement. A meeting will be scheduled to discuss placement and make emergency recommendations to DFPS and/or guardian.
(d) Law enforcement personnel generally responsible for the criminal investigation of child sex trafficking cases should routinely attend and actively participate in any relevant meeting and/or special case reviews facilitated by the CC or other member of the CCT.
(e) DFPS and/or SCJPS will attend and actively participate in the CCT meetings and special case reviews.
(f) DFPS and/or SCJPS will notify CC of any planned or experienced change in child’s status to include placement, legal status, runaway/missing status etc.

Question 25

Crisis Management- High Risk Youth

Answer 25

(a) When a youth has been identified as a being a high-risk youth, CC will do the following within the first 24-72 hours:
(i) Verify and complete victim information in the CAC database.
1) Victim Demographics
2) Prior History
3) Identify current and/or previous treatment providers
4) Identify current and/or previous interactions with social service agencies
5) Understand family dynamics
(ii) Review youth status with DFPS, SCJPS, and law enforcement.
(iii) Ensure that parents or legal guardians have been contacted, and consent for exchange of information documentation has been obtained. Once consent for information has been obtained, CC will contact parent/legal guardian.
(iv) Refer the HRY to the appropriate advocate agency.
(v) Ensure that communication takes place and that recommendations for follow up have been initiated.
1) Identify needs and work to obtain needed resources.
2) Make appropriate referrals.
3) Document and communicate decisions to all applicable parties.
4) Ensure that medical evaluation has been completed.
5) Ensure mental health assessment has been completed if indicated.
(b) If the placement is unsafe, the identifying CCT member will immediately notify DFPS and law enforcement. A meeting will be scheduled to discuss placement and make emergency recommendations to DFPS and/or guardian.
(c) If at any point the HRY is identified as a trafficked youth, refer to the Identified CST Crisis Management Plan listed above to initiate a rapid response.

Question 26

Stabilization

Answer 26

72-ongoing

Question 27

Stabilization- Identified CST victim

Answer 27

(a) When a youth has been identified as being a victim of child sex trafficking, the CCT will do the following after 72-hours of the recovery/identification, in no particular order, unless specified in the document.
(i) CC will follow-up with the CCT members involved in the CST’s case and assess for gaps of services.
(ii) If the child is in the care of DFPS, the conservatorship (CVS) worker will notify the CC of CASA’s appointment and the appointment of the Attorney ad Litem.
(iii) CC will schedule the initial CST case review for the following week after first date of intake and notify the team.
(iv) CC will ensure that communication takes place, and the follow up recommendations are initiated and on-going.
1) Identify needs and work to obtain needed resources.
2) Make appropriate referrals.
3) Document and communicate decisions to all applicable parties.
4) Ensure that medical evaluation and/or follow-up care is being completed.
5) Ensure mental health assessment has been completed if indicated.
(v) CC will build relationships so there are specific resources and specific contacts.
(b) If the placement is unsafe, the identifying CCT member will immediately notify DFPS and law enforcement. A meeting will be scheduled to discuss placement and make emergency recommendations to DFPS and/or guardian.
(c) If CSEY Advocate deems appropriate, the advocate will refer the caregiver to the CACSC Family Advocate Program.
(i) The Family Advocacy referral form is attached protocol addendum.
(ii) If the family refuses CSEY ADVOCATE involvement, the Family Advocate will reach out to caregivers.
(iii) The Family Advocate will encourage families to reengage in services.
(d) Law enforcement personnel generally responsible for the criminal investigation of child sex trafficking cases should routinely attend and actively participate in any relevant meeting and/or special case reviews facilitated by the CC or other member of the CCT.
(e) DFPS and/or SCJPS will attend and actively participate in the CCT meetings and special case reviews.
(f) DFPS and/or SCJPS will notify CC of any planned or experienced change in child’s status to include placement, legal status, missing status etc.
(g) The CCT will meet and review the CST;
(i) If CST is recovered and is in detention, the CC will schedule a CCT case review before the first scheduled court case.
(ii) At any case changes, including probation, legal status hearing, trial, civil case hearings, consider the following:
1) If the child is in detention, there are detention hearings every 2 weeks.
2) If CST is in the conservatorship of DFPS, hearings occur: 14 day, every 45 days
3) No legal or civil case pending
(iii) When CCT members have heightened concerns about the CST’s case, the CCT member will send an email to CC to schedule a case review.
(iv) If CST placement changes, CCT member aware of change will contact CC to determine if a case review is warranted.
(v) Any CCT member can request a CST case review during the stabilization phase.
(h) At a minimum, the CST’s case will be reviewed by the CCT for a year. After one year of review, the CCT will review the case for closure. The CST will continue to be reviewed until any of the following conditions are met.
(i) There is not a legal case nor is one forthcoming.
(ii) The criminal and/or civil case is disposed.
(iii) If CST is over 18 years of age, the case will be staffed twice a year.

Question 28

Stabilization- High Risk Youth

Answer 28

(a) When a youth has been identified as being a high-risk youth, the CCT will do the following after 72-hours of the identification, in no particular order, unless specified in the document.
(i) CC will follow-up with the CCT members involved in the HRY’s case and assess for gaps of services.
(ii) CC will schedule the initial HYR case review for the following week or next CCT staffing day and notify the team.
(iii) CC will ensure that communication takes place, and the follow up recommendations are initiated and on-going.
1) Identify needs and work to obtain needed resources.
2) Make appropriate referrals/Family Advocate involvement.
3) Document and communicate decisions to all applicable parties.
4) Ensure that medical evaluation and/or follow-up care is being completed.
(b) If the HRY’s placement is unsafe, the identifying CCT member will immediately notify DFPS and law enforcement.
(i) If any CCT member has cause to believe the HRY’s health or safety is at risk, they will immediately make a report to the CPI hotline or 911. That CCT member will also notify the CC.
(ii) The CC will notify the CCT whether a CPI or 911 report was made and provide the related case number. The CC will also document the report/call number.
(iii) A meeting will be scheduled to discuss placement and make emergency recommendations to DFPS and/or guardian.
(c) SCJPS, DFPS, and/or other CCT member will notify CC of any planned or experienced change in child’s status to include placement, legal status, missing status etc. The CC will notify the CCT of the placement change.
(d) CCT will review HRY’s status for a period of three months. Any CCT member may request an extension every 30-days.