HB1043: HB1043 Georgia Trauma Informed Child and Youth Trafficking Response Act; enact

26 LC 48 1659 House Bill 1043 By: Representatives Scott of the 76th, Schofield of the 63rd, Davis of the 87th, Bazemore of the 69th, Alexander of the 66th, and others A BILL TO BE ENTITLED AN ACT To amend Article 3 of Chapter 5 of Title 16 of the Official Cod e of Georgia Annotated,1 relating to kidnapping, false imprisonment and related offenses , so as to create a unified,2 trauma informed state-wide sys tem regarding youth trafficking; to provide for legislative3 findings; to provide for definitions; to establish a state-wide care coordination office; to4 provide for training in hospitals, schools, the Division of Family and Children Services, law5 enforcement, and local governments; to provide for reporting requirements; to provide for6 related matters; to provide for a short title; to provide for a n effective date; to repeal7 conflicting laws; and for other purposes.8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9 SECTION 1.10 This Act shall be known and may be cited as the "Georgia Trauma Informed Child and Youth11 Trafficking Response Act."12 H. B. 1043 - 1 - 26 LC 48 1659 SECTION 2.13 The General Assembly finds that:14 (1) Children and youth who experience sex trafficking, labor t rafficking, or online15 exploitation suffer devastating trauma;16 (2) Trafficking increasingly occurs within families, requiring specialized responses;17 (3) Georgia lacks a unified state-wide system;18 (4) Survivors often enter hospitals, schools, the Division of Family and Children Services,19 law enforcement, or courts without coordination;20 (5) Local governments, hospitals, and schools need standardize d trauma informed21 protocols; and22 (6) Georgia can become the national and global leader in protecting trafficked children.23 SECTION 3.24 Article 3 of Chapter 5 of Title 16 of the Official Code of Geor gia Annotated, relating to25 kidnapping, false imprisonment and related offenses, is amended by adding a new Code26 section to read as follows:27 "16-5-48.28 (a) As used in this Code section, the term:29 (1) 'Certified human trafficking victim assistance organization' means any provider that30 is certified by the Criminal Justice Coordinating Council.31 (2) 'Child' means any individual under the age of 18.32 (3) 'Designated healthcare facility' means any hospital, emergency department, urgent33 care, or inpatient facility in this state.34 (4) 'DFCS' means the Division of Family and Children Services within the Department35 of Human Services.36 (5) 'Familial trafficking' means trafficking committed by a parent, guardian, custodian,37 person in loco parentis, relative, or caregiver's partner.38 H. B. 1043 - 2 - 26 LC 48 1659 (6) 'Human trafficking' means an offense provided for under Code Section 16-5-46.39 (7) 'Multidisciplinary team (MDT)' means DFCS, law enforcement, prosecutors, courts,40 hospitals, schools, and behavioral health and service providers.41 (8) 'Office' means the state-wide Georgia Child and Youth Traf ficking Care42 Coordination Office created under this Code section.43 (9) 'Regional navigator' means the individual or entity coordinating victim services.44 (10) 'Trauma informed approach' means practices primarily base d in understanding45 trauma and avoiding re-traumatization.46 (11) 'Youth' means any individual under the age of 21 who is a survivor or at risk.47 (b) There is created within the Department of Human Services t he Georgia Child and48 Youth Trafficking Care Coordination Office, and, subject to app ropriations, such office49 shall:50 (1) Operate a state-wide hotline and reporting portal for child victims of trafficking for51 labor or sexual servitude;52 (2) Develop a trauma informed care coordination system;53 (3) Assign regional navigators; and54 (4) Maintain a state-wide data system and provide training and protocols for hospitals,55 schools, DFCS, courts, and law enforcement.56 (c) The office shall divide the state into regions and appoint regional navigators who shall:57 (1) Respond to referrals;58 (2) Coordinate MDTs;59 (3) Ensure trauma informed service plans; and60 (4) Prioritize familial trafficking safety measures.61 (d) Each region shall maintain at least one MDT, and such MDTs shall:62 (1) Coordinate investigations;63 (2) Provide resources that avoid re-traumatization; and64 (3) Develop integrated service plans.65 H. B. 1043 - 3 - 26 LC 48 1659 (e) All agencies shall screen for familial trafficking indicators.66 (f)(1) The DFCS shall consider familial trafficking as aggravated child abuse and may67 order emergency removal of the child.68 (2) Courts shall not order reunification without clear and convincing evidence of safety.69 (g) No child victim shall be prosecuted for offenses resulting from trafficking.70 (h)(1) All designated healthcare facilities shall adopt written trauma informed protocols,71 including private screenings, advocate access, referrals to regional navigators, and safety72 planning.73 (2) Hospitals shall train emergency department, pediatric, obstetric, behavioral health,74 and social work staff.75 (3) Designated healthcare facilities shall not contact law enforcement for the purpose of76 arresting a child victim.77 (i) Counties and municipalities shall adopt trafficking response protocols aligned with this78 Code section, and each shall designate a local coordinator.79 (j) The office shall develop model trafficking policies for us e in schools. Local school80 boards shall adopt aligned policies and training, and school counselors and social workers81 shall receive training.82 (k) Nothing contained in this Code section shall prevent the state from receiving grants,83 gifts, or bequests for the purposes of this Code section and appropriating any such moneys84 for such purposes.85 (l) The Department of Human Services shall prepare an annual report detailing:86 (1) The number of referrals for resources;87 (2) Familial trafficking data;88 (3) Activity of MDTs;89 (4) Designated healthcare facility compliance;90 (5) School compliance; and91 (6) Recommendations for improvement.92 H. B. 1043 - 4 - 26 LC 48 1659 (m) The report provided for in subsection (l) of this Code section shall be submitted to the93 Governor, the Speaker of the House of Representatives, and the President of the Senate by94 December 31 of each year and made available on the website of the Department of Human95 Services."96 SECTION 4.97 This Act shall become effective July 1, 2026.98 SECTION 5.99 All laws in conflict with this Act are hereby repealed.100 H. B. 1043 - 5 -