MANDATED REPORTING & HUMAN TRAFFICKING

1. MANDATED REPORTING & HUMAN TRAFFICKING Jonathan Byers Assistant Attorney General

2. Reports mandated by North Dakota Law • Wounds, injury, or other physical trauma • Child abuse and neglect • Abuse, neglect, or exploitation of d.d. or mentally ill person • Abuse or neglect of vulnerable adult* • Reportable diseases

3. “I’ll Never Tell” • Are you mandated to report?

4. MANDATED REPORTERS • Juvenile court personnel • Probation officer • DJS employee • Physicians, Nurses, M.E or coroner, other med. professional • dentists & optometrists • dental health professionals • religious practitioner of the healing arts • schoolteachers/administrators, school counselor • addiction counselor • social worker • day care/child care worker • Foster parent • police/law enforcement officer • clergy*

5. MUST REPORT: • Knowledge of or reasonable cause to suspect… • A child is abused or neglected or has died • “Child” means those under eighteen

6. “Reasonable cause to suspect” • Only a suspicion • Let the investigators check into it • Example: Ellendale case

7. A child is abused or neglected when… • Abuse as defined by 14-09-22(1)(a) • Neglect = deprived child in juvenile code • Sexual abuse includes “consensual” conduct if child is more than 3 years younger than partner

8. Abuse defined… • Abuse as defined by 14-09-22(1)(a): inflicts, or allows to be inflicted, bodily injury, substantial bodily injury, or serious bodily injury, or mental injury • Bodily injury includes infliction of pain • Parents have a right to corporal punishment

9. Neglect defined… • Without proper parental care or control, subsistence, education as required by law, or other care or control necessary for the child’s physical, mental, or emotional health, or morals • Place for care in violation of law or abandoned* • In need of treatment and parents have refused • Was subject to prenatal exposure to chronic or severe use of alcohol or any controlled substance • Is present in an environment subjecting the child to exposure to a controlled substance, chemical substance, or drug paraphernalia

10. Sexual abuse defined… • G.S.I. & Sexual Imposition • Continuous Sexual Abuse • Corruption/Solicitation of a Minor • Luring Minors by Computer • Sexual Abuse of Wards • Sexual Exploitation by Therapist • Sexual Assault • Incest & Deviate sexual act • Indecent Exposure • Surreptitious Intrusion • Child Pornography

11. Is telling your supervisor enough? • North Dakota law places the obligation on each medical professional • To report to DHS/designee • If your policy is to let the supervisor make the report, you better confirm it • Failure to make a report is a criminal offense

12. Horror stories • Clergy who wants to counsel child until she is ready to report • School districts • Pudwill • Storey

13. ABROGATION OF PRIVILEGE • Husband and wife privilege… • Privilege between professional person and patient or client (except attorney/client)… • Do not constitute grounds for preventing a report to be made or for excluding evidence in any proceeding • Any person who makes a good faith report is immune from any criminal or civil liability

14. CONFIDENTIALITY • All reports, and other information obtained, are confidential. • BUT they must be made available to; • Physician treating a child • person authorized to place a child in protective custody • DHS, SS, state & local child protection teams • person who is the subject of the report*** • Public officials and their agents who require the info in connection with official duties

15. CONFIDENTIALITY (cont…) • All reports, and other information obtained, are confidential. • BUT they must be made available to; • A court when necessary for an issue before the court • bona fide research purpose • The abuse and neglect reporter, when it is likely that the child will continue to come before the reporter • Parents or legally appointed guardian of the child ***

16. Human Trafficking • 1999 Legislation • "Human trafficking" means labor trafficking or sex trafficking.

17. Labor trafficking • "Labor trafficking" means the promotion, recruitment, transportation, transfer, harboring, enticement, provision, obtaining, or receipt of a person by any means, whether a United States citizen or foreign national, for the purpose of: • a. Debt bondage or forced labor or services; • b. Slavery or practices similar to slavery; or • c. The removal of organs through the use of coercion or intimidation.

18. Sex Trafficking • "Sex trafficking" means the promotion, recruitment, transportation, transfer, harboring, enticement, provision, obtaining, or receipt of a person by any means, whether a United States citizen or foreign national, for the purpose of: • a. Causing the person or another to engage in sexual acts or sexual conduct in violation of chapter 12.1-20; or • b. Violating chapter 12.1-27.1, 12.1-27.2, or 12.1-29.

19. Debt bondage defined • "Debt bondage" means the status or condition of a debtor arising from a pledge by the debtor of the debtor's personal services or those of a person under the debtor's control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined.

20. Forced labor or services • "Forced labor or services" means labor or services that are performed or provided by another person and are obtained or maintained through an actor's: • a. Threat, either implicit or explicit, scheme, plan, or pattern, or other action intended to cause a person to believe that, if the person did not perform or provide the labor or services: • (1) That person or another person would suffer bodily harm or physical restraint; or • (2) That any fact or alleged fact tending to cause shame or to subject any person to hatred, contempt, or ridicule would be exposed;

21. Forced labor or services (cont.) • b. Physically restraining or threatening to physically restrain a person; • c. Abuse or threatened abuse of the legal process; or • d. Knowingly destroying, concealing, removing, confiscating, or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person. • "Forced labor or services" does not mean labor or services required to be performed by a person in compliance with a court order or as a required condition of probation, parole, or imprisonment.

22. The crime • 1. A person is guilty of human trafficking if the person: • a. Benefits financially or receives anything of value from knowing participation in human trafficking; or • b. Promotes, recruits, entices, harbors, transports, provides, or obtains by any means, or attempts to promote, recruit, entice, harbor, transport, provide, or obtain by any means, another person, knowing that the person will be subject to human trafficking.

23. The penalty • AA felony if the person subject to trafficking is < 18 years old • No defense that the actor did not know the child's age or reasonably believed the child to be eighteen years of age or older. • Otherwise, an A felony • …the court shall order the person convicted to make restitution to the victim