The crime of child sex trafficking, the inclusion of child sex trafficking in the definition of child abuse, the investigation of a child abuse report in which a person who is not a caregiver of the child is suspected of permitting, allowing, or encouraging the child to engage in prostitution or of child sex trafficking for purposes of a commercial sex act, and providing a penalty. (FE)

Under current law, certain sex crimes committed against a child are included in the definition of "abuse" in the Children's Code. Those sex crimes are first-degree to fourth-degree sexual assault, sexual assault of a child, repeated sexual assault of a child, sexual assault of a child placed in substitute care, sexual exploitation of a child, causing a child to view or listen to sexual activity, and causing a child to expose his or her genitals or exposing one's genitals to a child, and permitting, allowing, or encouraging a child to engage in prostitution.

This bill adds child sex trafficking to the definition of "abuse" in the Children's Code. As such, a child who is the victim of child sex trafficking may be the subject of a child in need of protection or services petition alleging that the child is a victim of abuse.

Under current law, certain persons having reasonable cause to suspect that a child seen in the course of professional duties has been abused must report that suspected abuse to the sheriff or police department or to the county department of human services or social services or, in Milwaukee County, the Department of Children and Families (DCF) or a child welfare agency under contract with DCF (collectively "agency"). Current law also permits any other person having reason to suspect that a child has been abused to make such a report.

Current law requires the sheriff or police department to refer to an agency all cases of child abuse reported to it in which a caregiver is suspected of the abuse or of facilitating or failing to take action to prevent the suspected abuse and all cases in which it cannot be determined who abused the child. Then, within 24 hours after receiving the referral, the agency must initiate a diligent investigation to determine if the child is in need of protection or services. Current law, however, permits, rather than requires, the sheriff or police department to refer to an agency a case in which a person who is not a caregiver of a child is suspected of the abuse of the child and permits, rather than requires, the agency to initiate a diligent investigation to determine if the child is in need of protection or services.

This bill requires the sheriff or police department to refer to an agency, and the agency to investigate, a case of child abuse in which a person who is not a caregiver of the child is suspected of permitting, allowing, or encouraging the child to engage in prostitution or of trafficking a child for purposes of a commercial sex act.

Under current law, if the court assigned to exercise jurisdiction under the Children's Code or Juvenile Justice Code (juvenile court) finds that a child or juvenile is in need of protection or services, the judge must enter an order deciding one or more of the dispositions of the case under a care and treatment plan, including placement and treatment. If the child or juvenile is placed outside the home, the order must include a finding as to whether the agency has made reasonable efforts to prevent the removal of the child or juvenile from the home, while assuring that the health and safety of the child or juvenile are the paramount concerns. However, the juvenile court is not required to include this finding if the juvenile court finds, among other things, that the parent has been convicted of certain crimes, such as homicide or attempted homicide, battery, sexual assault, or physical abuse and that the victim is a child of the parent. This bill includes among these crimes child sex trafficking if the victim is a child of the parent.

Under current law, under the Children's Code and Juvenile Justice Code, when a child is placed in a foster home, group home, or residential care center for children and youth or in the home of a relative other than a parent (substitute care provider), the agency must provide to the substitute care provider certain information contained in the court report or permanency plan. This bill includes information on any involvement of the child, whether as victim or perpetrator, in certain sex crimes if the information is necessary for the care of the child or for the protection of any person under the care of the substitute care provider. In the Children's Code, these sex crimes include sex trafficking and child sex trafficking. This bill adds the same requirement under the Juvenile Justice Code for when a juvenile who has been involved in sex trafficking or child sex trafficking is placed in the care of a substitute care provider.