It is more difficult to rescue children from human trafficking than adults due to current laws on the books, but how lawmakers can solve the legal roadblocks to fix the issue is unclear.
That was among the issues experts raised at Stony Brook University during the inaugural meeting of the Assembly Minority Conference Task Force on Human Trafficking on July 31. Members of law enforcement, nonprofits and other stakeholders discussed how to strengthen support for survivors, provide better tools, address the impact of the migrant crisis and identify necessary education and training to combat trafficking, the buying or selling of people or making money from work they are forced to do.
“This is a problem that a lot of people don’t want to acknowledge or talk about,” said assemblymember Brian Maher (R-Walden). “As a task force, we will explore, with the help of experts and stakeholders, what more New York can do to combat human trafficking and support survivors of these horrific crimes.”
According to the latest available numbers from 2021, the New York State Interagency Task Force on Human Trafficking reported 295 confirmed cases, while the National Human Trafficking Hotline reported 404 cases involving 639 victims.
The meeting highlighted concerns regarding the lack of resources and legal mechanisms available to protect and support victims, particularly minors.
Anne Oh, principal assistant Suffolk County district attorney, pointed out that under the social services law if the person trafficking the child is not the parent or guardian, Child Protective Services (CPS) cannot intervene unless the child self-identifies as being trafficked.
In New York State, current laws prevent placing victims in secure facilities unless they are juvenile delinquents, explained Vanessa McEvoy, deputy bureau chief of Child Abuse and Domestic Violence Bureau and HEAT unit chief.
“These girls need to be in a facility where they can be deprogrammed,” Oh said. “We can’t do anything under the CPS veil, and we don’t want to charge these kids with crimes because they aren’t criminals. But unless they are juvenile delinquents, we cannot place them in a secure facility. They need to be in [a secure facility] to protect them from themselves, from their multiple disabilities and from their traffickers.”
Several experts emphasized the need for more case managers to assist victims with navigating housing and support services.
The Person in Need of Supervision (PINS) program provides a way for parents to involve the court when their child behaves in a way that is dangerous or out of control. Recent changes have significantly weakened the program’s enforcement mechanisms, leaving judges with no power to place troubled youths in secure placements, according to Lois Sicignano Rowman, Esq.
“Unfortunately, they gutted the enforcement mechanism for PINS, the judge has no power to put them in placement. They cannot take them from the parents even if they are running away and committing crimes and using drugs,” Rowman said. “The PINS services could be beefed up and that is at least one way we could reach some of the juveniles that are falling through the cracks right now.”
Prevention and education were also heavily emphasized at the task force meeting. There is a need for age-appropriate education in schools and community organizations to help children and adults recognize the signs of trafficking, said Assemblyman Michael Durso (R- Massapequa Park).
The task force also highlighted a disconnect between the federal, state and local level in regards to communication and funding.
“We don’t get the information,” said Feride Castillo, co-founder of ECLI-VIBES. “Nobody is telling us these children are missing, they are not even on our radar.”
ECLI-VIBES, which serves victims of domestic violence, child abuse, sexual assault, and human trafficking, sees over 5,000 people a month for services. Castillo emphasized the overwhelming workload and lack of funding, noting that legislation cannot be passed anymore without funding.
Suffolk Legislator Chad Lennon proposed regulatory measures targeting hotels and motels potentially complicit in trafficking. He suggested eliminating hourly rates, improving recordkeeping, and requiring photo ID, security footage and the need for consequences such as forfeiture of buildings for those who enable trafficking.
There has been only one hotel that has been charged with sex trafficking (the Sayville Motor Lodge) said McEvoy.
“Right now, the consequences aren’t enough of a concern for these people,” said Capt. Robert Peraino Suffolk County Sheriff’s Office.
