Legislature(2023 - 2024)DAVIS 106
01/30/2024 03:00 PM House HEALTH & SOCIAL SERVICES
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| Audio | Topic |
|---|---|
| Start | |
| HB275 | |
| HB264 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 275 | TELECONFERENCED | |
| *+ | HB 264 | TELECONFERENCED | |
HB 264-CHILD TRAFFICKING SCREENING
[Contains discussion of HB 68.]
3:44:30 PM
CHAIR PRAX announced that the final order of business would be
HOUSE BILL NO. 264, "An Act requiring the Department of Family
and Community Services to adopt a uniform screening tool;
requiring shelters for runaway minors to screen minors for
victimization relating to sexual abuse, sex trafficking, and
commercial sexual exploitation; requiring the Department of
Family and Community Services to screen children in need of aid
for victimization relating to sexual abuse, sex trafficking, and
commercial sexual exploitation; and relating to the duty of the
Department of Family and Community Services to investigate the
experiences of missing children in need of aid who have been
located."
3:45:26 PM
REPRESENTATIVE SARAH VANCE, Alaska State Legislature, as prime
sponsor, presented HB 264. She explained her focus on
combatting sex and human trafficking in the state of Alaska,
citing statistics and a study by Loyola University. The study
revealed an "alarming rate" of children being trafficked in
Alaska, noting that within forty-eight hours of a child running
away, they will be solicited for sex. There has been
insignificant attention paid to this matter, and the screening
tool required in HB 264 is one method for addressing sex
trafficking of children. She referred to the Loyola study and
noted that Covenant House developed a screening tool which
identified twenty-five trafficking victims who otherwise would
have gone unnoticed. The uniform screening tool called for
under HB 264 would take a significant stride forward in
addressing child sex trafficking. She pointed out that most
people are unaware of child sex trafficking in Alaska simply
because the right questions are not being asked. A uniform
screening tool would mean that children who are in shelters or
are already in state care can be asked questions which will
better serve them.
3:53:53 PM
CHAIR PRAX opened invited testimony on HB 264.
SIDNEY MCCOY, Director of Advocacy, Shared Hope International,
offered invited testimony on HB 264. She described the work of
the non-profit she represented, Shared Hope International. She
explained that children do not identify themselves as having
been sexually trafficked, so they are frequently misidentified.
Many of these children have, at some point, been in state care,
and HB 264 would help identify sex trafficking victims who are
coming through state services. Proper identification would
enable agencies to develop appropriate responses. Shared Hope
International fully supports HB 264.
3:56:43 PM
ROBERT BALLINGER, Staff, Representative Sarah Vance, Alaska
State Legislature, on behalf of Representative Vance, prime
sponsor of HB 264, gave the sectional analysis [included in the
committee packet], which read as follows [original punctuation
provided]:
Sectional Analysis
HB 264 CHILD TRAFFICKING SCREENING
"An Act requiring the Department of Family 1 and
Community Services to adopt a uniform screening tool;
requiring shelters for runaway minors to screen minors
for victimization relating to sexual abuse, sex
trafficking, and commercial sexual exploitation?"
Section 1: Amends AS 47.10.394(c) to include Paragraph
(2) to define "commercial sexual exploitation."
Section 2: Amends AS 47.10.394 to include Paragraph
(d) to require a shelter for runaway minors shall use
the uniform screening tool adopted by DFCS.
Section 3: Amends AS 47.14.100(t) to include Paragraph
(4) to define "commercial sexual exploitation."
Section 4: Amends AS 47.14.100 to include new
subsection (u) to require DFCS to adopt a uniform
screening tool to screen children to identify whether
a child is a victim, or at risk of becoming a victim,
of sexual abuse, sex trafficking, or commercial sexual
exploitation.
And, subsection (v) requires DFCS to look into the
situation when a child returns from being missing,
abducted, or ran away, to determine what happened
while absent, to determine what led to the child's
absence; and to screen the child to determine whether
the child is a victim of sexual abuse, sex
trafficking, or commercial sexual exploitation.
3:58:48 PM
REPRESENTATIVE FIELDS inquired about the role of Shared Hope
International in Alaska.
MS. MCCOY responded that Shared Hope International primarily
provides technical assistance to lawmakers and advocates in the
state who are creating policy and legislation related to child
abuse and sex trafficking.
3:59:43 PM
REPRESENTATIVE FIELDS asked Representative Vance where the
runaway shelters are in Alaska. He noted that HUD [the United
States Department of Housing and Urban Development] lists a
number of emergency shelters and asked what differentiates an
emergency shelter from a runaway shelter.
REPRESENTATIVE VANCE answered that there is one runaway shelter
in Anchorage and one in Fairbanks and explained that the runaway
shelters are for youth only.
4:00:44 PM
REPRESENTATIVE MINA inquired whether the bill would require only
runaway shelters to use the screening tools or whether other
entities who interact with youth at risk also would be required
to use the screening tool.
REPRESENTATIVE VANCE responded that the purpose of HB 264 is
two-fold. It would require the screening tool for runaway
shelters, and it would also require the Department of Family and
Community Services (DFYS) to use this screening tool. The goal
is to be in partnership with work taking place in the Department
of Public Safety and the Governor's Council on Human and Sex
Trafficking to collaborate and develop a best practice screening
tool that can be shared with non-profit organizations across the
state. Some of the non-profits are federally funded, so they
may be set up differently, but those entities may adopt the
screening tool once it is available. Currently there is no
state funding directed at human sex trafficking although there
is some limited federal assistance. Alaska is at the ground in
level in addressing this issue.
REPRESENTATIVE MINA asked whether the bill has any terms of
enforcement for shelters that do not comply.
4:04:28 PM
MR. BALLINGER answered that it would be a licensing issue, and
if they don't comply, they violate their license with the state.
4:04:56 PM
REPRESENTATIVE SADDLER asked whether there was a national
uniform screening tool that could be used in Alaska.
REPRESENTATIVE VANCE explained that in 2014 a federal law was
passed that required states to implement screening. A recent
study showed that only about 15 percent of the states had
implemented screening tools to identify sexual exploitation.
There is no federal screening tool although there are best
practices that many have adopted as recommendations. Also,
different areas would need different tools. For example, a
screening tool used in Bethel would be different from one used
in Texas. Different states use a variety of questionnaires.
This bill asks the Department of Family and Community Services
to collaborate with the Governor's Council on Human Sex
Trafficking and work with organizations that are taking in
children, potential victims, and survivors to find out what is
going to be the best practice for Alaska and develop that as a
standard across the state. This would provide data to compare
with other states, but primarily the screening tool needs to be
crafted so it fits situations in Alaska and shows where the red
flags are.
4:09:09 PM
REPRESENTATIVE RUFFRIDGE stated that HB 264 is heading in the
right direction. He pointed out that results from the screening
tool only work if there is follow-up. He cited a statistic from
the Office of Childrens Services (OCS) showing that out of a
group of sixteen or seventeen children screened, only one case
was investigated.
4:10:43 PM
REPRESENTATIVE VANCE explained that the bill was only part of a
larger problem and that she has introduced several bills which
together address the larger problem. Work needs to be done to
educate first responders and others who come into contact with
children and vulnerable people. This first step will help
identify children who need assistance and help them find
services. She is also working toward getting federal grants.
Data is also important because it is hard for the legislature to
appropriate funding if there is no data.
REPRESENTATIVE RUFFRIDGE agreed with Representative Vance that
there is a need to address the issue in Alaska. He observed
there seems to be a time component to crime, and he opined that
17 reports leading to one investigation is a poor ratio. He
clarified that he is in support of a screening tool but is not
sure HB 264 would be effective in leading to investigations. He
asked, "Is that a possibility to have in here?"
REPRESENTATIVE VANCE responded that the screening tool will
distinguish between a child that has experienced domestic
violence versus one who has been exploited. She said state
employees are mandatory reporters and would have to make a case
of sexual exploitation known to law enforcement, which would
then instigate investigation. Sex trafficking leads to a
different kind of investigation; law enforcement is currently
being trained to identify human trafficking. She acknowledged
that her statements come from her time on the council, and she
welcomed feedback from a member of public safety.
REPRESENTATIVE RUFFRIDGE surmised his concern could be addressed
by Kim Guay.
4:16:40 PM
KIM GUAY, Director, Central Office, Office of Childrens
Services, Department of Family and Community Services, to
Representative Ruffridge reviewed that OCS can investigate
parent/caregiver abuse; however, parents and caregivers
typically "are not the abuser of trafficking victims." She said
HB 264 is about children already in custody of OCS or the
Division of Juvenile Justice or shelters. She explained the
single investigation was to a trafficking case by a caregiver,
which she reemphasized is rare. She said OCS already assesses
children missing or who have run away, and she cited Public Laws
113 and 183 of 2015, which is from the Preventing Sex
Trafficking and Strengthening Families Act of 2014.
4:18:26 PM
REPRESENTATIVE FIELDS asked whether OCS uses "the same tool as
Covenant House," and he specified the "QYIT" and "QVIT."
MS. GUAY answered no and clarified that the Division of Juvenile
Justice uses a screening tool different from that of OCS and
"all the shelters out there." She recommended a broader
conversation in considering a universal screening tool. She
added that if there was a universal screening tool, it would
come with a fiscal note.
REPRESENTATIVE FIELDS asked for more specific information
regarding the screening used by various shelters.
4:20:42 PM
REPRESENTATIVE VANCE expressed the desire for a universal
screening tool. She noted that Covenant House has a robust
screening system. She clarified that she is not advocating for
any one screening system to be made universal, but rather for a
choice to be made in selecting a shared one.
REPRESENTATIVE FIELDS inquired whether a screening tool should
be inclusive of labor trafficking, not just sex trafficking.
REPRESENTATIVE VANCE indicated that her focus first is on the
trauma caused by sex trafficking.
4:23:06 PM
REPRESENTATIVE SADDLER questioned whether HB 264 would go far
enough in getting "a useful tool" for screening.
REPRESENTATIVE VANCE answered that she would allow the committee
to make that determination. She spoke about how some screening
tools are better suited to finding more victims of sex
trafficking. In response to follow-up questions, she said those
who work directly with children should be the ones to recommend
the best screening system.
REPRESENTATIVE SADDLER pointed to page 2, line 17, and said he
would like a definition of "uniform" in terms of the adoption of
a screening tool.
4:27:42 PM
REPRESENTATIVE FIELDS noted that almost 40 percent of the
clients at My House shelter identify as LGBTQ, and he asked
whether that should be a consideration in terms of figuring out
prevention.
REPRESENTATIVE VANCE confirmed that since the first report in
2017, there has been a consistency in terms of LGBTQ numbers.
That community is at greater risk for homelessness,
exploitation, and suicide. She said this shows that
"traffickers prey on those who are vulnerable." She expressed
that the proposed legislation aims to find a tool to include the
most vulnerable. She highlighted that in terms of sex
trafficking, there is a crossover she had not previously been
aware of, including the areas of homelessness, suicide, LGBTQ,
and murdered and missing Indigenous women. She said a key goal
is justice.
4:32:08 PM
REPRESENTATIVE RUFFRIDGE disagreed with the previous statement
about the one investigation occurring. He recollected the
statement had been that sexual trafficking does not occur inside
a family unit and, thus, is not investigated very often. He
said he thinks the information that has been made available
would contradict that statement. He noted that the screening
tool used by Covenant House has four questions and appears to
have a "high assessment rate" at 88 percent. He expressed his
hope that these are leading to investigations and criminal
charges; otherwise, he opined, the tools are not effective.
REPRESENTATIVE VANCE directed attention to language in Section
[4], on page 2, line 24, regarding what the department shall do
when locating a child committed to the custody of the department
who was missing, abducted, or ran away. She related that
reports show that 31 percent of trafficking victimization is
familial. She said that is a sobering statistic. She reviewed
the definition of "commercial sexual exploitation" as under HB
264, Section 3. She said she wants state entities to
investigate whenever there is a heightened risk of sex
trafficking and for law enforcement to become engaged when key
factors are apparent.
REPRESENTATIVE RUFFRIDGE observed that the directive to
"investigate" under HB 264 would be applicable only to paragraph
(v) regarding "missing, abducted, or ran away". He said he
hoped the intent would be to investigate when information is
received that circumstances exist and the child is at heightened
risk.
4:38:51 PM
REPRESENTATIVE FIELDS, looking at the results of the governor's
council and considering the adverse childhood experiences
related to sex trafficking, mentioned a budget subcommittee and
recommended learning about what state programs affect adverse
childhood experiences.
4:39:39 PM
REPRESENTATIVE MINA wondered if some cases are reported by local
police departments and not OCS, which may cause the difference
in the statistics to which Representative Ruffridge referred.
She highlighted the definition of "commercial sexual
exploitation" on page 2, lines 1-3, which read as follows:
(2) "commercial sexual exploitation" means the sexual
abuse or exploitation of a child for the financial
benefit of any person or in exchange for anything of
value given or received by any person.
REPRESENTATIVE MINA asked, "Is that the norm for how this term
is used in general?"
4:40:31 PM
MR. BALLINGER responded that the definition refers to children
who are a minor.
REPRESENTATIVE MINA asked if there are circumstances in which
the definition would be used not pertaining to minors.
REPRESENTATIVE VANCE answered yes, HB 68 clearly defined sex and
human trafficking and updated "those definitions." She said,
"This area of law is dealing with juvenile." In response to a
follow-up question, she said there are specific laws addressing
the sexual exploitation of minors, and she deferred to the
Department of Law to answer Representative Mina's questions
about a situation in which a 17-year-old has sex with a 19-year-
old in order to receive food and shelter. Then she said Alaska
is working on a definition regarding "sex and human trafficking
dealing with labor." She said sex trafficking is trading sex
for anything of value. She talked about the differences between
prostitution and sex trafficking and the latter involving "a
fourth element" and "someone benefitting from that act." She
clarified that it pertains to an act that a person would not
otherwise be compelled to do if they were not in that particular
situation.
4:46:10 PM
REPRESENTATIVE MINA urged digging into the circumstances that
put people into these situations, which will help in responding.
4:47:12 PM
MS. GUAY, in response to previous comments, clarified current
statutes that allow OCS to become involved with families. She
said AS 47.17.010 outlines the purpose of OCS. She said OCS
investigates caregiver or parental maltreatment but not
maltreatment from a relative living outside the house or a
neighbor. Then there are the children in the care of OCS and
Children in Need of Aid (CHINA) - foster children who are
screened when missing or exploited. She said OCS can keep
children up to the age of 21. She added that if OCS were to
investigate all trafficking, that would broaden the scope of the
office to be similar to law enforcement.
4:49:48 PM
REPRESENTATIVE PRAX asked whether there was a downside where
"we" are possibly putting children at risk and "driving things
further underground."
REPRESENTATIVE VANCE clarified that HB 264 would address at-risk
children already in the system. She stated her belief that the
bill would improve things because of the deliberate coordination
between departments and those with lived experience.
4:52:28 PM
MS. GUAY expressed concern that if a new screening is added
there be enough providers to make it happen. Some children must
be removed from their situation if they are being trafficked, so
housing is also an issue. She cautioned the committee not to
compel youth to share their story and then, because of a lack of
resources, end up putting them in harm's way. She talked about
providing for the mental and physical safety of youth.
4:53:57 PM
CHAIR PRAX said he agrees on that point. He asked about federal
best practices.
REPRESENTATIVE VANCE offered her understanding that there are
not federal best practices but states have adopted best
practices Alaska could emulate. She indicated that the proposed
legislation would expand upon what is already being done.
CHAIR PRAX requested copies of other states' best practices.
REPRESENTATIVE VANCE said her office would provide that
information.
4:54:56 PM
MR. BALLINGER noted that already provided were the best
practices of [Florida] and New York.
4:55:17 PM
REPRESENTATIVE VANCE, in closing, reiterating key points of the
bill hearing, highlighting that the first job is to let people
in Alaska know that sex and human trafficking is happening in
Alaska to "our children." She said many steps need to be taken
from there, and HB 264 is one of them. She thanked the
committee for its willingness to address the issue.
4:58:04 PM
MS. GUAY expressed appreciation to the committee and noted that
OCS has a presence on the Governor's Council on Human and Sex
Trafficking and she is happy to see Alaska stepping up to
address the topic.
4:58:43 PM
MS. MCCOY echoed the bill sponsor's statement about HB 264 being
the first step and offered Shared Hope International's
collaboration in finding solutions.
4:59:30 PM
CHAIR PRAX announced that HB 264 was held over.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 275 DPS Fiscal Note.pdf |
HHSS 1/30/2024 3:00:00 PM |
HB 275 |
| HB 275 Sectional Analysis.pdf |
HHSS 1/30/2024 3:00:00 PM |
HB 275 |
| HB 275 Transmittal Letter.pdf |
HHSS 1/30/2024 3:00:00 PM |
HB 275 |
| HB 275 Version A.PDF |
HHSS 1/30/2024 3:00:00 PM |
HB 275 |
| HB 264 - Sectional Analysis.pdf |
HHSS 1/30/2024 3:00:00 PM HHSS 2/8/2024 3:00:00 PM |
HB 264 |
| HB 264 Sponsor Statement.pdf |
HHSS 1/30/2024 3:00:00 PM |
HB 264 |
| HB 264 Version A.pdf |
HHSS 1/30/2024 3:00:00 PM |
HB 264 |
| HB 264 AK Governor's Council on Human Sex Trafficking Data Summary.pdf |
HHSS 1/30/2024 3:00:00 PM |
HB 264 |
| HB 275 DPS Presentation.pdf |
HHSS 1/30/2024 3:00:00 PM |
HB 275 |
| HB 264 Fiscal Note DFCS-PS-JVV.pdf |
HHSS 1/30/2024 3:00:00 PM |
HB 264 |
| HB 264 Fiscal Note DFCS-PS-OCS.pdf |
HHSS 1/30/2024 3:00:00 PM |
HB 264 |
| Letter of Support AWIC.pdf |
HHSS 1/30/2024 3:00:00 PM |
HB 275 |
| My House Human Trafficking Survey Long Version 2023.pdf |
HHSS 1/30/2024 3:00:00 PM |
HB 264 |
| My House Trafficking Survey 2023 short version a.pdf |
HHSS 1/30/2024 3:00:00 PM |
HB 264 |