Pub. L. 110-457, tit. II, subtit. B, sec. 212

INTERIM ASSISTANCE FOR CHILDREN.

EnactedYear: 2008Length: 487 wordsOfficial source
SEC. 212. INTERIM ASSISTANCE FOR CHILDREN.(a) In General.—Section 107(b)(1) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(b)(1)) is amended—(1) in subparagraph (E)(i)(I), by inserting “or is unable to cooperate with such a request due to physical or psychological trauma” before the semicolon; and(2) by adding at the end the following:“(F) Eligibility for interim assistance of children.—“(i) Determination.—Upon receiving credible information that a child described in subparagraph (C)(ii)(I) who is seeking assistance under this paragraph may have been subjected to a severe form of trafficking in persons, the Secretary of Health and Human Services shall promptly determine if the child is eligible for interim assistance under this paragraph. The Secretary shall have exclusive authority to make interim eligibility determinations under this clause. A determination of interim eligibility under this clause shall not affect the independent determination whether a child is a victim of a severe form of trafficking.“(ii) Notification.—The Secretary of Health and Human Services shall notify the Attorney General and the Secretary of Homeland Security not later than 24 hours after all interim eligibility determinations have been made under clause (i).122 STAT. 5064“(iii) Duration.—Assistance under this paragraph may be provided to individuals determined to be eligible under clause (i) for a period of up to 90 days and may be extended for an additional 30 days.“(iv) Long-term assistance for children.—“(I) Eligibility determination.—Before the expiration of the period for interim assistance under clause (iii), the Secretary of Health and Human Services shall determine if the child referred to in clause (i) is eligible for assistance under this paragraph.“(II) Consultation.—In making a determination under subclause (I), the Secretary shall consult with the Attorney General, the Secretary of Homeland Security, and nongovernmental organizations with expertise on victims of severe form of trafficking.“(III) Letter of eligibility.—If the Secretary, after receiving information the Secretary believes, taken as a whole, indicates that the child is eligible for assistance under this paragraph, the Secretary shall issue a letter of eligibility. The Secretary may not require that the child cooperate with law enforcement as a condition for receiving such letter of eligibility.“(G) Notification of children for interim assistance.—Not later than 24 hours after a Federal, State, or local official discovers that a person who is under 18 years of age may be a victim of a severe form of trafficking in persons, the official shall notify the Secretary of Health and Human Services to facilitate the provision of interim assistance under subparagraph (F).”.(b) Training of Government Personnel.—Section 107(c)(4) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(c)(4)) is amended—(1) by inserting “, the Department of Homeland Security, the Department of Health and Human Services,” after “the Department of State”; and(2) by inserting “, including juvenile victims. The Attorney General and the Secretary of Health and Human Services shall provide training to State and local officials to improve the identification and protection of such victims” before the period at the end.
Pub. L. 110-457, tit. II, subtit. B, sec. 212: INTERIM ASSISTANCE FOR CHILDREN. | Justis AI