§ 63.2-1506.1 Human trafficking assessments by local departments
A. If a report or complaint is based upon information and allegations that a child is a victim of sex trafficking or severe forms of trafficking as defined in the federal Trafficking Victims Protection Act of 2000 (22 U.S.C. § 7102 et seq.) and in the federal Justice for Victims of Trafficking Act of 2015 (P.L. 114-22), the local department shall conduct a human trafficking assessment, unless at any time during the human trafficking assessment the local department determines that an investigation or family assessment is required pursuant to § 63.2-1505 or 63.2-1506. If at any time during the human trafficking assessment it is determined that a forensic interview of the child is needed, such interview may be performed by a children’s advocacy center within the jurisdiction; however, if an interview with a children’s advocacy center within the jurisdiction cannot be completed within 14 days, the forensic interview may be conducted by a children’s advocacy center located in another jurisdiction.
B. A human trafficking assessment requires the collection of information necessary to determine:
2. The protective and rehabilitative services needs of the child and the child’s family that will deter abuse and neglect; and
C. When a local department responds to the report or complaint by conducting a human trafficking assessment, the local department may:
1. Consult with the family to arrange for necessary protective and rehabilitative services to be provided to the child and the child’s family;
3. Commence an immediate investigation or family assessment, if at any time during the human trafficking assessment the local department determines that an investigation or family assessment is required pursuant to § 63.2-1505 or 63.2-1506.
D. In the event that the parents or guardians of the child reside in a jurisdiction other than that in which the report or complaint was received, the local department that received the report or complaint and the local department where the child resides with his parents or guardians shall work jointly to complete the human trafficking assessment.
E. Reports or complaints for which a human trafficking assessment is completed shall not be entered into the central registry contained in § 63.2-1515.
F. The local department or departments shall notify the Child Protective Services Unit within the Department in writing whenever such a human trafficking assessment is conducted.
G. When conducting a human trafficking assessment pursuant to this section, the local department may interview the alleged child victim or his siblings without the consent and outside the presence of such child’s or siblings’ parent, guardian, legal custodian, or other person standing in loco parentis, or school personnel.
History
This law was first created in 2019. The record of its establishment is cataloged in chapters 381 and 687 of that year’s edition of “Acts of Assembly,” the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 2 times. Those modifications are cataloged by “The Acts of Assembly,” a state publication, by year and chapter. Those modifications that can be read on the General Assembly’s website will be linked accordingly. Those modifications are as follows: in 2020, chapters 6 and 234; in 2024, chapters 779 and 829.
2019, cc. 381, 687; 2020, cc. 6, 234; 2024, cc. 779, 829.