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HomeMy WebLinkAboutTC-CAT MOUTC -CAT Multi -Disciplinary Team ndin CSEC Multi -Disciplinary Team Commercially sexually exploited children (CSEC) are victims of trauma who require the support and services of multiple and diverse agencies. Effective coordination and collaboration among the professionals at these agencies is foundational to ensuring that CSEC receive the immediate and ongoing care they need to reclaim and rebuild their lives. This memorandum of understanding (MOU) defines the roles and responsibilities of each participating organization in a formally established local CSEC Multi -Disciplinary Team (CSEC MDT). The MOU identifies the key organizations involved in providing needed support and services to CSEC in Benton and Franklin Counties Participants in the CSEC MDT are professionals representing diverse disciplines with direct responsibility to CSEC, who convene following CSEC identification and who continue to meet regularly on each case, for as long as needed, continually assessing the youth's situation, addressing problems, barriers or other challenges as they arise, offering support as the youth and the youth's family navigate complex systems, and making other services available as needed. The MDT works together to ensure the youth's immediate needs are met, to assass the youth's safety needs and to arrange placement, and to identify and offer ongoing services and care. Each member agency agrees to support the mission of the MDT to assist CSEC by coordinating their separate activities to meet the youth's needs. Specifically, the CSEC MDT member agencies agree to the following: • County prosecutors are responsible for the filing of charges and prosecution of all felony crimes within its specific county, all juvenile crimes, and misdemeanor offenses from unincorporated areas. The practice and approach of prosecuting attorneys differ from jurisdiction to jurisdiction. Tri -Cities Coalition Against Trafficking Commercial Sexual Exploitation of Children Memorandum of Understanding Final 4/14 A prosecutor may encounter CSEC when reviewing a case where a youth is the victim of a john or trafficker. There may be cases where a youth is referred for potential criminal charges. In some cases, the youth may meet both criteria. When working with CSEC in either situation, prosecutors should follow the best practices including those outlined in this MOU and Attachment A. Each prosecutor's office should have at least one deputy prosecutor responsible for reviewing and filing cases, and this prosecutor should have in-depth training, as it becomes available within the state, on identifying, engaging and working with CSEC, including CSEC pimped by gang members or engaged in gang- related activity, and should be knowledgeable about statewide laws that address this issue. o Prosecutors should use a collaborative approach to all cases involving CSEC. This approach includes consulting with law enforcement, advocates, and service providers to ensure that CSEC receive the full spectrum of services available in the community and to ensure an appropriate disposition of any criminal case involving CSEC. To the extent possible, prosecutors should ensure that advocacy services have been offered to the youth at the earliest possible stage, including any pre --- arrest, investigative period. o For youth identified as CSEC either upon notification to the prosecuting attorney of contact/arrest, referral of a case to the prosecuting attorney, or on entry to detention or after they have been in detention, alternatives to incarceration should be considered and acted upon whenever possible. When deciding whether to file charges of prostitution or prostitution loitering against a youth, the prosecuting attorney should, at a minimum, consider the following factors: o Whether the case must be diverted because it is a first prostitution or prostitution loitering offense under RCW 13.40.070(7). Subsequent diversions should be considered depending on the services available in the community for CSEC. o Whether the youth is entitled to an affirmative defense because the youth is a victim of trafficking or promoting prostitution in the first degree under RCW 9A.88.040. o The services for CSEC available in the particular jurisdiction, including alternatives to confinement. • Regardless of whether a case against a youth is declined, diverted, or filed, the prosecutor should work with law enforcement to identify the buyers of sex and the trafficker/pimp connected with the minor, to determine whether the CSEC is a victim/witness in any other CSEC cases. Tri -Cities Coalition Against Trafficking Commercial Sexual Exploitation of Children Memorandum of Understanding Final 4/14 • Serve on the CSEC Task Force if assigned and appropriate. Benton County Sheriffs Office Franklin County Sheriffs Office Connell Police Department Kennewick Police Department Pasco Police Department Prosser Police Department Richland Police Department and West Richland Police Department • Local law enforcement is often the first responder responsible for determining if an individual engaged in selling sex is a youth, identifying criminal suspects in the case (john and traffickers), investigating and gathering forensic evidence, preparing cases for prosecution, and coordinating with and notifying others, including victim advocates, Child Protective Services and prosecutors about cases, victims and suspects. • Benton County Sheriffs Office, Franklin County Sheriff's Office, Connell Police Department, Kennewick Police Department, Pasco Police Department, Prosser Police Department, Richland Police Department, and West Richland Police Department should provide basic CSEC training to officers, as it becomes available within the state, and in-depth CSEC training to at least one office rs (detectives or sergeants). An officer with in-depth CSEC training should, when feasible be the lead investigator, or available for consultation, in CSEC cases and should participate as a member of the CSEC MDT. Besides engagement on specific cases, the specially trained officers should provide CSEC training to other local law enforcement officers or law enforcement agencies as is feasible. • Benton County Sheriff's Office, Franklin County Sheriff's Office, Connell Police Department, Kennewick Police Department, Pasco Police Department, Prosser Police Department, Richland Police Department, and West Richland Police Department should o Through investigative and social contacts with the public, identify CSEC youth or a youth at risk of CSEC, and provide the youth with information about their rights under state law; o Assess and document any evidence of psychological trauma, coercion and/or physical or other abuse, determine if emergency medical evaluation or treatment is needed, and arrange for such evaluation and treatment; Contact a CSEC-trained victim advocate MDT team member and may request the advocate's involvement in the case. Work with the advocate as appropriate to determine the best immediate response for the CSEC to ensure the youth's safety, including whether the youth requires protective custody; Tri -Cities Coalition Against Trafficking Commercial Sexual Exploitation of Children Memorandum of Understanding Final 4/14 o Report the case to the Child Protective Services MDT member; Ensure that all forensic evidence, including signs of gang involvement, is collected and prepare and submit case reports to the appropriate prosecuting agency for review, or submit reports for additional investigation to supervising officers for assignment to detectives for follow-up, as necessary. Support. Advocacy & Resource Center [SARCI Victim advocates identify exploited children and those at risk for exploitation, provide adult support to these youth at the point of initial contact and until they are under the care and supervision of another adult, coordinate with other agencies in ensuring the youth's safety, and provide ongoing case management and support. Victim advocates seek to ensure that CSEC needs— including the need for safety—are met and provide CSEC with information and resources, including information about legal and court proceedings and their legal rights. In addition to support and safety planning, advocates refer CSEC to appropriate community service providers, and assess the needs of family/caregivers, if appropriate, and refer them to services. SARC should have at least two advocates with in-depth CSEC training, as it becomes available within the state. A victim advocate with in-depth CSEC training may sometimes participate as a member of the CSEC MDT. Besides providing case -specific support, these specially trained victim advocates collaborate generally with relevant agencies and other community organizations, including legal and criminal justice system entities, participate on task forces and committees concerned with CSEC issues; and offer community education, outreach and professional trainings on CSEC. SARC may assume responsibility for convening a MDT upon request of responsible parties, including but not limited to Law Enforcement, Prosecutor's Office or DCFS. SARC may assume responsibility for facilitating the work of the MDT, as soon as possible without endangering any ongoing investigation(s), after contact with the CSEC, and maintaining MDT activities related to any given case. • SARCshould o Respond 24/7 to calls from law enforcement or other members of the community and arrive as quickly as possible to the location of the CSEC victim; o Establish immediate rapport with the youth-. Tri -Cities Coalition Against Trafficking Commercial Sexual Exploitation of Children Memorandum of Understanding Final 4/14 ■ Provide food, drink, clothing, and other comforts • Inquire about the youth's immediate wants and needs (medical care, help with addiction if in acute distress, etc.) ■ Explain what the advocate is and is notable to door provide, including requirements for mandatory reporting and the extent to which shared information can be held confidentially ■ Explain the process and what next steps will likely occur o Strategize with law enforcement, other MDT members, and others, as appropriate, to determine next steps including how to keep the youth safe; o Accompany the youth until they are under the care or supervision of another adult; o Provide information and crisis -counseling, counseling referrals, case management and advocacy for the youth throughout their involvement with the system, if applicable: o Assist CSEC and their family, if appropriate, in accessing resources and services such as crisis and other counseling, support groups, housing, and health and social services; o Refer to legal services and/or be legal advocates for the CSEC and their family if appropriate, providing information about rights under state law, and accompanying victims and family members to legal appointments and court hearings; o Refer to medical services as deemed appropriate. Juvenile Justice Personnel (JJP) including Detention Staff and Juvenile Probation Counselors have direct contact with youth on a daily basis that may be at risk of CSEC. When JJP identify through routine screening, assessment or interview an exploited youth or youth at substantial risk of exploitation they will: • Administer the Commercially Sexually Exploited Children/Youth (CSEC) Interview Instrument. (only after appropriate training is provided) • Notify a CSEC victim advocate. • Provide support and supervision until they are under the care and supervision of a parent/guardian, or responsible agency. • Coordinate with appropriate agencies to ensure the youth's safety. • Provide case management and support while the youth is under jurisdiction of the Juvenile Court. • Participate in MDT meetings on specific cases as appropriate. Tri -Cities Coalition Against Trafficking Commercial Sexual Exploitation of Children Memorandum of Understanding Final 4/14 Provide youth with information regarding juvenile court legal process and facilitate their access to legal counsel. Provide the youth and their family/caregivers information regarding community resources/providers. The BFJJC agrees to collaborate and participate with relevant agencies and community organizations to include participation on task forces and committees concerned with CSEC issues. In addition, the BFJJC will provide agency staff with training regarding CSEC when it becomes available and is within the fiscal limits of the agency. Catholic Child and Family Service Tri -Cities Union Gospel Mission Firme and My Friend's Place • Services needed by CSEC may include crisis intervention, emergency shelter, and safe/secure housing with a host of services (trauma recovery, mental/physical health, chemical dependency, educational, and life skills training). • Catholic Child and Family Service, Tri -Cities Union Gospel Mission, Firme, and My Friends Place should provide in-depth CSEC training to appropriate staff. At least one of these specially trained staff members may participate as a member of the CSEC MDT. • Catholic Child and Family Service, Tri -Cities Union Gospel Mission, Firme, and My Friends Place Should o Screen and assess CSEC referrals for immediate risks and safety needs, for physical and psychological health issues, and for appropriate readiness to receive social services. o Provide the full range of CSEC-specific services directly or coordinate with the CSEC victim advocate in referring clients to appropriate providers, particularly those requiring health care, shelter/residential placement, education or other ongoing services. They should provide culturally appropriate services, including having expertise working with and advocating on behalf of LBGTQI youth and providing services to family members of CSEC clients. o Conduct screening among their general youth population to confirm CSEC or identify risk factors for CSEC using the Commercially Sexually Exploited Children/Youth (CSEC) Interview Instrument, after staff have been trained in its use. o If CSEC is confirmed or suspected in the general youth population, they will notify one of the MDT member CSEC victim advocates. Tri -Cities Coalition Against Trafficking Commercial Sexual Exploitation of Children Memorandum of Understanding Final 4/14 Children's Administration • Child Protective Services (CPS) is a division within the Children's Administration of the Washington State Department of Social and Health Services that takes reports and investigates cases of alleged child abuse and/or neglect. CPS seeks to prevent or remedy child abuse and/or neglect, prevent or reduce the need for out -of -home placement and provide children with safe and permanent homes. Some youth may be state dependent at the time they are identified as CSEC, while others may qualify for dependency based on their CSEC status. The Department in the course of its involvement with families and children may receive information alleging CSEC. • DCFS in Benton and Franklin Counties will provide in-depth training, as it becomes available, for selected staff as resources allow who may participate as a member of the CSEC MDT. • DCFS will o Be available 24/7 to receive referrals from local first responders and others on immediate safety allegations for CSEC cases; o Receive referrals and complete investigations of CSEC cases when screened in for investigation or DCFS response, assessing the risk of future abuse and/or neglect; o Follow their normal procedures upon receipt of information that a youth is a potential victim of CSEC, and shall refer on to Law Enforcement. o File dependency petitions in juvenile court in CSEC cases where out -of -home placement is warranted, the legal standard is met as determined by DCFS; o Provide intervention information and referrals to resources to first responders and CSEC advocates, as well as to CSEC youth and their family, as DCFS deems appropriate. 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