Capstone Final

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FALL 2015

CAPSTONE 4360.12

SEX TRAFFICKING Should Congress adopt House Bill 418 (in regards to placing child trafficking victims into foster care) on national level in order to protect child sex trafficking victims from physical harm and support their mental health needs?

NORMATIVE QUESTION

Should Congress adopt House Bill 418 (in regards to placing child trafficking victims into foster care) on national level in order to protect child sex trafficking victims from physical harm and support their mental health needs?

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Maggie Kaprosch AUTHOR

Most people don’t picture Texas when they think of human trafficking, they think about young women being smuggled into foreign countries, thousands of miles away from home. However, sex trafficking is also domestic problem. In 2014, over 5,000 sex trafficking cases were reported in the U.S. More than 450 of these cases were reported in Texas and 1,581 of these cases involved minors. These statistics and the growing number of trafficking cases in Houston, led Gene Wu to author HB 418, in regards to the placement of child trafficking victims in secure homes. This bill has been met with both support and opposition from several credible sources. In this Capstone paper, I will analyze these arguments and discuss the need for secure facilities for child trafficking victims in the United States.

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Table of Contents Submission Five: Narrative End Notes Submission One: Analysis Annotated Bibliography Submission Two: Outline Plan of Work Works Cites Submission Three Critical and Ethical Analysis Submission Four Interview One: Gene Wu Interview Two: Kay Firth Butterfield Interview Three: Anonymous Officer Civic Engagement Bibliography

Page 4 Page 5 Page 14 Page 16 Page 17 Page 20 Page 28 Page 29 Page 32 Page 33 Page 34 Page 35 Page 39 Page 40 Page 43 Page 47 Page 50 Page 51

WRITTEN FOR: BETH EAKMAN

Saint Edward's University Capstone | mkapros@stedwards.edu

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Should Congress adopt House Bill 418 on national level in order to protect child sex trafficking victims from physical harm and support their mental health needs?

Submission Five I. Submission Five

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II. Endnotes

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On a Friday night in the middle of July, I sat in an old-school booth, the kind with cracked, red pleather, chatting with my older sister and a few of her friends. We were inside a crowded, popular karaoke bar in the heart of the Richmond district in San Francisco, sipping overpriced Long Islands and giggling loudly as we tried to decide which song to preform - a close tie between the classics “Hit Me Baby One More Time” and “Wannabe.” The bar itself was sandwiched between an upscale, trendy Vietnamese restaurant, which proclaimed to have the “Best Spring Rolls in Town!” and a well-known Asian massage parlor that had an only-slightly sketchy exterior. Fast forward a few days and I was at home, sitting in the family room with my dad and two sisters. It was just after 9:45pm and we were watching a Criminal Minds rerun on CBS when the “breaking news!” banner ran across the bottom of the screen. The alert read: “Over thirteen arrests made in connection with busted sex trafficking ring.” The rerun cut out to a live update, zooming in at the scene of the crime. I stared at the television, slowly recognizing the familiar sight of the karaoke bar; only the camera wasn’t focused in on the bar. Instead, the camera panned in on the two building surrounding it: the restaurant and the massage parlor, both of which were covered in the infamous yellow crime scene tape. Dozens of young Asian women and children huddled together in front of the restaurant, foreign and terrified, their shaking shoulders covered in police jackets. The young women and children were quickly led into ambulances and patrols cars before being taken away from the scene. “What the fuck?” My older sister asked, not speaking to anyone in particular. She turned her attention toward me. “Isn’t that…?” “Yeah,” I answered, not bothering to clarify the statement anymore. My dad looked at us both with inquisitive eyes but didn’t ask questions, and we continued watching the report, hearing in detail about how several men and women in the Bay Area ran a

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successful human trafficking ring out of their own local businesses. I listened to the reporter spout out statistics, about how sixty percent of reported trafficking victims are under the age of twelve and every state in the U.S. has reported cases of human traffickingi, and tried to wrap my head around what I was happening. Because, while I stood on a stage in a trendy bar, singing an off-key rendition of Spice girls and drinking enough alcohol to regret the hangover in the morning, several illegally trafficked waitresses in a Vietnamese restaurant were being forced to make their way into the massage parlor two doors down and sell their bodies to the highest bidders. These young women, some of who were younger than seventeen years, were recruited from bars, clubs, and restaurants all over Southeast Asia and promised the same thing: the opportunity to start a new life over in America, the Land of Opportunity. Only, that is not what these girls experienced. Instead, they were trafficked illegally into the country, their documentation confiscated as they were locked into their new place of business, their new lives. What they were led to believe was simply a waitressing job in a culturally familiar restaurant was so much worse than anything they could have imagined. What they didn’t understand when they signed on for this new life was that they would be relinquishing their freedom. At this trendy Vietnamese restaurant in San Francisco, these girls were forced to meet a quota. If the quote was five thousand a month, it was their responsibility to have five thousand at the end of the month. When the quota wasn’t met, which nearly always the case, as the only money they made was in tips, the girls were forced to work off the remainder of their quota in “touching roomsii” at the massage parlor, where men could pay upwards of hundreds of dollars to do what they pleased with them. This particular instance of trafficking, though an absolute tragedy, is not isolated incident. The truth is human trafficking is a social problem that exists throughout the United States and

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globally. No matter where you live, in a bustling city or a small town in the middle of nowhere, chances are, trafficking is happening nearby.iii Though its clandestine nature makes it hard to collect and keep track of data, sex trafficking is a billion dollar industry that enslaves upwards of 4.5 million people each year. Out of that 4.5 million people, 1.2 million are children.iv Furthermore, the United States is one of the top destinations for victims of sex trafficking – specifically, the trafficking and exploitation of children under the age of eighteen. v Michael Sandel, a political philosopher, uses a communitarian-liberal perspective, to define our obligation to the safety of children, especially those who’ve been exploited by adults and subjected to physical and emotionally abuse. In his book, Liberalism and the Limits of Justice, Sandel suggests that upon entering society and becoming part of a community, individuals accepts the obligations that follow from being a part of that community. With this logic, Sandel would argue all adults have the universal, moral obligation to care for children, whether they agree to this obligation or not. When considering this perspective, and its relation to the issue of sex trafficking, I would argue that we all have an obligation to help the child victims of trafficking. Currently, most children who’ve been sexually exploited in the trafficking industry in the United States do not have access to the therapeutic services they need in order to begin the healing process. It is our obligation, as adult citizens of the U.S., to provide support for these children so that they may receive the wide-ranging, trauma-informed services they need to create a new life. Gene Wu, a member of the Texas House of Representatives, believed he needed to do more to support these children and became an advocate for child trafficking victims in Texas when he noticed a trend of child labor and sex trafficking in the Houston area. Representative Wu proposed House Bill 418, which allows authorized members of law enforcement and Child Protective Services

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(CPS) to immediately take suspected child victims of sexual abuse, exploitation, or trafficking, as well as any child whose physical health and safety is believed to be endangered, and place them into the care of secure agencies homes and secure agency group homes.vi Before HB 418 was passed and put into effect in September of 2015, the protocol for keeping rescued child trafficking victims out of harm’s way was unacceptable. Child victims of human trafficking could not be taken into protective custody with out a court order.vii The process to procure a court order in such a case could take upwards of weeks and provided an opportunity for children to run away; and in worst case scenarios, enabled traffickers and pimps to locate children and kidnap them. By allowing law enforcement officers and CPS to immediately move these children to a secure location, this time gap would be closed. Wu explained that he really had to think about the best placement for these children, which he believed to be a facility modeled after a Juvenile Detention Center.viii Wu didn’t believe these children were criminals nor did he believe they needed to be locked up. He emphasized that these children were victims, because any child under the age of eighteen being exploited for sex isn’t consenting to their situation. He even took this view one step further, arguing that no child under the age of eighteen could consent to sex at all.ix Wu’s argument about consent is supported by the social contract views of Hobbes, Locke, and Rousseau. These views rely on the idea of consent, which imply a normative power to bind one’s self to a social contract. By placing consent at the center of these social contracts, Hobbes, Locke, and Rousseau suggest that a person must have normative power over herself before entering the contact. A person is not able to willingly enter a social contract, such as sexual involvement, until she has reached the “age of consent.”x The children needed the security and stability of a facility set up like a Juvenile Detention Center, because they need to be kept away from the pimps and the traffickers.xi Wu argued for the

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need of secure housing where children wouldn’t be in danger of being kidnapped or given the chance to run away and return to their pimps, which is the most common occurrence in child trafficking cases. It isn’t uncommon for pimps and traffickers to groom the children, to force children to fear figures of authority and depend on what they have to offer, even if they are exploited in the process. So, as horrible as their life is, it is all they know and all they are comfortable with.xii Wu also described the psychological benefits of secured (which, I’d come to realize meant “locked”) housing and spoke about the potential for healing. “If you go inside a Juvenile Detention Center, you’ll see that they have resources. There’s beds, classrooms, a cafeteria, exercise rooms, and most importantly, there are psychological resources – therapists and psychologists who specialize in helping youth deal with trauma.” Wu explains. “These are the things we need for child victims of trafficking.”xiii Unfortunately, this type of court-mandated housing doesn’t exist for child trafficking victims, as it is illegal to place a minor who has not been convicted of a felony in a locked facility. “We don’t have the authority to lock up these children.”xiv Wu clarifies. “They physically cannot be held in place that would lock them inside, because they are victims, not felons.xv” The bill, he says, is the next best thing, as it is a step in the next direction. Kay Firth Butterfield, who used to practice child and family law in the United Kingdom, now works in Austin, Texas as an advocate for human trafficking and child abuse. Butterfield, an opponent of HB 418, agrees that HB 418 is step in the right direction, but argues that what it accomplishes is not enough, and though the “time-concern” aspect of the bill is great, the lasting effects of the bill could end up causing more harm than good. xviShe clarified that there was many flaws in the bill, but the biggest fault lay in the bill’s reliance on the American foster care system, which lacked funding, resources, and security – both physical and emotional.

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Coming from the United Kingdom, where the foster care system is set up differently, and in her opinion, more resourcefully, Butterfield didn’t hold back criticism when speaking of the American foster care system. She spoke about funding and resources that are put into the foster care system, and how it is not uncommon for foster parents to abuse the monetary funding they receive for fostering a child of the state.xvii In many cases, foster parents misuse taxpayer funds, spending the money for personal benefit, instead of on basic necessities for foster children, such as food and clothing. Similarly, staple resources such as therapy and counseling, which Butterfield argued should be a requirement for every child who has been sexually abused and exploited, are lacking within the foster care system. She argued against putting traumatized children in the system, reasoning, “You want to put children who’ve exploited by sex and hooked on drugs and other unimaginable horrors into a place where they won’t get the help they need to heal?xviii” When discussing the security of foster homes, Butterfield claimed there was none. She argued that the foster care system lacked the type of security HB 418 advocated for, “How easy would it be for a pimp to figure out which foster home his merchandise is living in? Not hard at all. Especially considering most of these victims are placed into foster homes within the cities they were rescued from.”xix Butterfield then proposed a different kind of placement for these children, in fact she suggested a whole protocol to follow, one based of a British model she was familiar with from her time as a lawyer. This model was part of the (UK’s) Children’s Act of 1989, which enforced Secure Accommodation orders.xx In the UK, Secure Accommodation Orders, which is an accommodation provided for the purpose of restricting liberty, are issued for children if it appears the child: 1) “has a history of absconding and is likely to abscond from any other description of accommodation;” 2) “if he

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absconds, he is likely to suffer significant harm;” 3) “that if he is kept in any other description of accommodation he is likely to injure himself or other person.”xxi It is the duty of the court to determine if the criterion for a secure accommodation order has been satisfied. Each child is provided with representation, which has been funded by the Legal Services Commission, and only has the child’s best interest in mind at the hearingxxii. In the UK, a court hearing for a secure accommodation order can take anywhere from a few days to a few weeks; the “court may make an interim order which permits the child to be kept in a secure accommodation during the period of the adjournment in secure accommodation.” Once the court determines that the criteria has been met, it makes an order authorizing the child to be placed in a secure accommodation for a specified amount of time, generally anywhere from 6 – 18 months.xxiii Butterfield continued to explain what these secure accommodations looked like and how they worked. She compared secure accommodation to boarding school – they are beautiful buildings with dorm rooms, gyms, recreation rooms, health facilities, and cafeterias. These accommodations also utilize therapy – both individual and as a group. Once placed in these accommodations, Butterfield explained the two phases of living in these environments: struggling and thrivingxxiv. When these children are ordered into these residences, they are confused. They’ve been taken from one place where they’ve been kept against their will and placed into another place where they are kept (usually against their will – at least at the start). All these children know is they are going to be locked up for an amount of time, usually about a year and a half. So, they react to their confusion and act out. “At six months, these children start to let their guard down,” she explained. “At six months – the secure accommodation starts to fee like home. These children are getting the help they need with group therapy sessions, they are forming healthy relationships with their peers and the adults

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helping them, they are talking about the trauma they endured and gaining the strength they need to move past it, and they are learning to trust again.”xxv Could the U.S. implement this protocol, especially in relation to HB 418 and other sex trafficking laws we have in place in the U.S. today? Here, Butterfield responds in a similar manner to State Representative Gene Wu: “I want to say yes it is possible, but it’s not that easy. There are things you need to consider, like the laws that are in affect right now and how something like a secure accommodation order would affect them, and you’d have to consider the funding that would be needed to implement these secure accommodations. Because it’s not just one secure residence, its hundreds, and that adds up.”xxvi Officer Anonymous, a member of the San Francisco Police Department’s Human Trafficking division, who had a lot of experience with both child trafficking victims and their pimps, agreed with Butterfield’s views on HB 418, and acknowledges that Statesman Gene Wu had good intentions when creating the bill. “I get what he was trying to do here, and though it’s not the best place for them, in this case, foster care was the only answer. We can’t just put them back on the streets, we can’t put them in a homeless shelter, and we can’t lock them away somewhere until they get better. So where the hell are we supposed to put them? Foster care is really the only option right now, which sucks because who knows what will happen to them there. They could run away or disappear or just not get the help they need to overcome this.xxvii” Officer Anonymous agreed that the bill was a step in the right direction and could potentially be a good addition to the laws already passed in California.xxviii She explained, “At the moment, if the state of California did take the necessary steps to enact a bill similar to HB 418, we would most likely only adopt the time-sensitive aspect of the bill. We would place the children in temporary emergency housing, under the protection of law enforcement, while their hearings to find permanent housing options are underway. There would need to be a lot of funding to enact a bill

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that deals with mandated protective housing, because we’d want to find the right housing option for them, where they get the protection and help they need to heal.”xxix So, despite the fact that House Bill 418 is both opposed and supported by several respected sources, sex trafficking isn’t a black and white issue – there is a whole lot of grey area. Instead of saying House Bill 418 is a horrible idea and will only serve to further traumatize child sex trafficking victims, we need to say that more needs to be done about this social problem. We need to focus on the criticisms of House Bill 418, analyze the claims being made for and against it, and see how the law in the U.S. and around the world can be improved and utilized to help the child victims of sex trafficking to heal physically and emotionally.

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Endnotes 1

"Modern Slavery." Allies Against Slavery. Allies Against Slavery, n.d. Web. 30 Sept. 2015

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Learn more about the term “touching room” at: May, Meredith. "Sex Trafficking: San Francisco Is

A Major Center For International Crime Networks That Smuggle And Enslave." SFGate. SFGATE, 06 Oct. 2006. Web. 10 Dec. 2015. 1

Batstone, David. "Not For Sale | Slavery isn’t over. Working to End Slavery And Human

Trafficking." Not For Sale. Not For Sale, n.d. Web. 20 Sept. 2015. 1

Learn more about these statistics at: "Forced Labour, Human Trafficking and Slavery." International

Labour Organization. International Labour Organization (ILO), 2015. Web. 10 Dec. 2015. 1

To learn more about the percentage of sex trafficking cases reported to involve minors, read:

"Statistics: Modern Day Slavery." Sex Trafficking in the U.S. | Polaris | Combating Human Trafficking and Modern-day Slavery. Polaris Project, n.d. Web. 30 Sept. 2015. 1

Wu, Gene. "Bill to Protect Child Victims of Trafficking Signed Into Law." Texas House of

Representatives: Rep. Wu, Gene. Texas House of Representatives, 11 June 2015. Web. 09 Dec. 2015. 1

See Submission Four: Interview One

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I.d.

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I.d.

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See Submission Three: Issue Three

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See Submission Four: Interview One

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I.d.

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I.d

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I.d

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I.d

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1

See Submission Four: Interview Two

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I.d.

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I.d

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I.d

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For more information on the Child Protection Act, see: Children Act 1989: VI/44, London:

HMSO 1

I.d.

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I.d.

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I.d.

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See Submission Four: Interview Two

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I.d.

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I.d.

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See Submission Four: Interview Three

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Including: Assembly Bill 1956, which expands the California Voluntary Tattoo Removal Program to

serve victims between the ages of 14 and 24 who were tattooed for identification in human trafficking; Assembly Bill 2466, which allows the court to preserve the assets and property of criminal defendants charged with human trafficking; Senate Bill 1193, which requires businesses, transit hubs, and other locations that are suspected or under investigation of sex and labor trafficking to post notices publicizing human trafficking resources; and Assembly Bill 764, which allows taxpayers to contribute a portion of tax return to the Child Victims of Human Trafficking Fund. 1

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See Submission Four: Interview Three

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Should Congress adopt House Bill 418 on national level in order to protect child sex trafficking victims from physical harm and support their mental health needs?

Submission One I. Topic Analysis

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II. Works Cited

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Outline I.

Topic Question: Should Congress adopt House Bill 418 on national level in order to protect child sex trafficking victims from physical harm and support their mental health needs?

II.

Underlying Social Problems: a. Social Problems: i. The social problem associated with my controversy is the treatment of child victims of sex trafficking ii. Both sides of the issue agree that victims of sex trafficking need to provided with a safe space so that they can learn to deal with what they’ve been through and continue to grow as a person. iii. Pro argues that putting sex trafficking victims should be placed immediately in foster care so they can be in this safe space iv. Con argues that putting sex trafficking victims in normal foster care will cause more harm than good b. Scope of the Social Problems: i. Over 1.5 million sex trafficking victims in the United States (men, women, boys, and girls) currently ii. 2 million children are currently engaged in (forced) prostitution in the global commercial sex trade. iii. As of 2015, Human trafficking has surpassed illegal sale of arms iv. By 2017, will surpass sale of drugs v. 32 Billion Dollar industry as of 2015 vi. (All statistics from UNICEF)

III.

Proponent Stakeholders a. Proponents’ Position i. That placing children sex trafficking survivors in foster care within 24 hours of being rescued will benefit their stability and mental health in the long run b. General pro stakeholders (use qualifiers) i. Helping Hand Home for Children ii. Foster Angels of Central Texas c. Specific pro stakeholders i. Gene Wu ii. Patricia Harless

IV.

Proponents’ Issues, Arguments, Evidence, and Plans/Actions a. Adults’ moral obligation to children i. Placing children in a safe environment away from pimps and traffickers – foster care system

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b. Access to therapeutic services to aid in mental health recovery i. Placing survivors in a secure environment protect them from pimps and allow them to focus on psychological recovery c. Child Trafficking victims are not prostitutes or criminals i. Age of consent is eighteen – children cannot even consent to sex – they are victims. V.

VI.

Examples of Pro Plans/Actions a. Bill has already been passed in Texas, so putting it into effect b. Open more foster homes Examples of Proponents’ Values (i.e. self-reliance, security, equality, liberty) a. Pro Stakeholder: Gene Wu i. Values: children’s security, safety b. Pro Stakeholder: Helping Hand Home for Children i. Values: safety, Secure Environment, c. Pro Stakeholder: Patricia Harless i. Values: children’s rights, justice d. Pro Stakeholder: Foster Angels of Central Texas i. Values: children’s safety, security

VII.

Opponent Stakeholders a. Opponents’ Position i. That placing children sex trafficking survivors in foster care within 24 hours of being rescued will ultimately harm their stability and mental health in the long run b. General con stakeholders (use qualifiers) i. Not For Sale ii. Girls Educational & Mentoring Services c. Specific con stakeholders i. Amanda Van Hoozer ii. Darlene Byrne iii. Rachel Lloyd iv. David Batsone

VIII.

Opponents’ Issues, Arguments, Evidence, and Plans/Actions a. Adults’ moral obligation to children i. Placing children in a safe environment away from pimps and traffickers – not foster care system – foster homes are not secure b. Access to therapeutic services to aid in mental health recovery i. Foster care is not equipped to deal with sexually traumatized children ii. Children need individual and group therapy – services not adequately provided by the foster care system c. Child Trafficking victims are not prostitutes or criminals i. Age of consent is eighteen – children cannot even consent to sex – they are

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IX.

X.

victims. Examples of Con Plans/Actions a. Come up with alternative b. Emphasize the need for specialized facilities for these survivors Examples of Opponents’ Values (i.e. self-reliance, security, equality, liberty) a. Con Stakeholder: Amanda Van Hoozer i. Values: children’s security, safety b. Con Stakeholder: Darlene Byrne i. Values: children’s security, safety c. Con Stakeholder: Not For Sale i. Values: justice for victims, safety d. Con Stakeholder: Girls Educational & Mentoring Service i. Values: young women’s rights, safety

XI.

Definitions/Explanations: Readers will need to understand the terms, human trafficking, sex trafficking, modern slavery, Commercial sex exploitation, domestic sex trafficking

XII.

Limits: I will only be focusing on the issue of placing child sex trafficking victims into foster care. I will focus my efforts on child victims and the effects the foster care system has on children who’ve already been exposed to neglect and abuse. I will not be researching the different kinds of sex trafficking, the different kinds of modern day slavery, or the other victims of human trafficking. I will not be focusing on the many different places in the world affected my slavery. Modern Day slavery and sex trafficking is such a huge, world spread issue, that I do not have the ability to cover every aspect of it for this paper.

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Annotated Bibliography Batstone, David B. Not for Sale: The Return of the Global Slave Trade-- and How We Can Fight It. New York: HarperSanFrancisco, 2007. Print. David Batstone is a professor of physics at the university of San Francisco. He is the president and founder of the abolitionist organization Not For Sale, which aims to educate the public about poverty and social inequality, two important factors that increase the success of modern day trafficking and slavery. The source is a book publication that utilizes the personal narratives of human sex trafficking survivors from all over the world. In his book, Batstone’s goal is to shed light on this epidemic by showing how common it is for human trafficking to occur anywhere. Batstone starts off the book with a personal statement about learning that one of his favorite local restaurants in the Bay Area was the center of a human trafficking ring, forcefully bringing teenage girls into the united states from India to work. Due to the content of the book, it’s message is aimed at a slightly older audience, ranging from young men and women in their late teens to adults. This source was written by a man that works closely with sex trafficking survivors, so his opinions are geared toward getting the best possible care for survivors. This book has given me a lot of background info on how human trafficking works and what happens to its victim’s after they’ve been “rescued.” This book is useful because Batstone gives a face to the statistics that arise from the epidemic that is human trafficking. Batstone, David. "Not For Sale | Slavery isn’t over. Working to End Slavery And Human Trafficking." Not For Sale. Not For Sale, n.d. Web. 20 Sept. 2015. This source is an organization website, published by the organization Not For Sale, founded by David Batstone. Much like Batstone’s book, the Not For Sale Organization Campaign website illustrates the fact that slavery is very much alive all over the world and encourages the public to educate themselves on this topic. Since his book was published in 2007, some of the date in it is a little outdated. The statistics and information about trafficking numbers on the Not For Sale website are up to date. The organization’s website also includes information about the services provided to survivors and at-risk communities, such as: shelter, healthcare and legal services, education and job skills training, and employment opportunities. The website highlights areas where the organization is already taking to steps to battle sex trafficking and modern day slavery. Some of these areas include the United States, the Netherlands, Thailand, Peru, and Romania. Finally, the website offers ways in which people can help end slavery, including volunteering for the organization and donating money to help with survivor services. This source was is an organization that works closely with sex trafficking survivors, so their opinions are geared toward getting the best possible care for survivors and helping them succeed. This website is really helpful to my research because it does a great job defining modern slavery and how it affects people in urban areas. The organization has some great

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information on what a typical sex trafficking victim’s life can become if they don’t get the help and services they need. Cole, Jennifer, and Ginny Sprang. "Sex Trafficking Of Minors In Metropolitan, Micropolitan, And Rural Communities." Child Abuse & Neglect 40.(2015): 113-123. Family Studies Abstracts. Web. 20 Sept. 2015. Ginny Sprang, Executive Director, and Jennifer Cole, Faculty Associate, are both members of the University of Kentucky Center on Trauma and Children. This center is located in the College of Medicine within the Department of Psychiatry and is “dedicated to the enhancement of the health and well being of children and their families through research, service and dissemination of information about child abuse and trauma. The source is a published and peer reviewed scholarly article aimed towards a higher educated audience, ranging from young men and women in university to adults. The purpose of the article was to examine professionals’ knowledge and experience with young children and teens that’d been exploited by the sex trafficking industry. The article compared and contrasted the effect of trafficking on children in rural and metropolitan areas based on the relief and help they received after being victimized. This source was written by women who have a background in psychology, so their opinions are geared towards the effects sex trafficking has on children from a health standpoint. This article was insightful because it gave me context on what kind of relief most children are given once they are rescued from the sex trafficking industry and how it affects them as they grow into young adults. Deutsch, Stephanie A., et al. "Mental Health, Behavioral And Developmental Issues For Youth In Foster Care." Current Problems In Pediatric And Adolescent Health Care (2015): ScienceDirect. Web. 20 Sept. 2015. Stephanie Anne Deutsch is a pediatrician in Philadelphia, Pennsylvania. She specializes in General Pediatrics and Child Abuse Pediatrics. This source is a scholarly article, written fro the POV of a doctor. The audience of the source is more scholarly, and is geared towards college students and educated adults. The message of this source is that most youth in foster care represent a unique population of the United States and have complex mental and behavioral health issues. This population of youths also generally posses emotional and developmental needs that other youths don’t frequently show. The risk for long-term negative health effects (physically and mentally) is far higher than children in a traditional home. This source was written by doctor who have has a background working with child abuse victim, so it is a credible source that can be used to argue both sides of the issue. This source is important because it demonstrates the effects that the opponents of HB 418 are arguing about. This article is beneficial to my research on sex trafficking and foster care because it gives me more insight as to what the United States’ foster care system is like and how it

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could potentially cause long-term benefits or harm on the children in the system (specifically, those who’ve been exploited by sex trafficking). "Foster Angels of Central Texas | A Non-Profit Organization Dedicated to Helping Foster Children." Foster Angels of Central Texas RSS. Foster Angels of Central Texas, n.d. Web. 21 Sept. 2015. This source is a proponent website of a non-profit organization that supports the ideals behind HB 418. Foster Angels of Central Texas is a non-proft organization in Central Texas that fosters children in need. They emphasize the fact that they offer children what they need when they need it, “not next week or next month…today, right now.” Some of the services Foster Angels of Central Texas provides for foster children includes basic needs (clothing, bedding, medical supplies and expenses, food) and positive experiences (birthday parties, camping excursions, extracurricular activities and funding). Their philosophy is to expose foster children to as many positive influences and experiences as possible to help ensure that they thrive in their environments. This source is a non-profit organization that works with foster children, so their opinions and ideals are skewed toward quickly getting children out of bad environments and into foster care homes. This source is important because it gives me some statistic about kids in the foster care system. This website is beneficial to my research because it gives me a lot of information about the number of kids in the foster system and their backgrounds. It also gives scenarios of what the long-term benefits are if more children are placed into programs similar to Foster Angels of Central Texas. This article is beneficial to my research on sex trafficking and foster care because it gives me more insight as to what the United States’ foster care system is like and how it could potentially cause long-term benefits or harm on the children in the system (specifically, those who’ve been exploited by sex trafficking). "Gene Wu - State Representative District 137." Gene Wu State Representative District 137 RSS. Gene Wu Campaign, n.d. Web. 20 Sept. 2015. This source is a stakeholder website, run by Texas State Representative Gene Wu, one of the primary supporters of HB 418. Wu’s website is run like a campaign and gives highlights of his career, such as what he’s accomplished while being a State Representative. The website also gives news updates that illustrates how Wu benefits his community in his free time, such as working with at risk youth and disabled adults and senior citizens. Most of Wu’s campaign issues deal with making Texas a better, safe place for children and families. Some of these issues include: education, safer neighborhoods, public safety, protecting children, economic growth, and energy economy. This source was written by one of the primary supporters of HB 418, so his opinions are geared towards the benefits of placing sex trafficking victims into foster care as quickly as possible. This stakeholder website is important because it gives me insight to Wu and his political ideals and beliefs. These

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ideals and beliefs have a direct effect on HB 418. This website will be used in my research to help evaluate the “pro” side of the argument concerning HB 418. Greenbaum, V. Jordan. “Commercial Sexual Exploitation and Sex Trafficking of Children in the United States.” Current Problems in Pediatric and Adolescent Health Care 44.9 (2014): 245-269. MEDLINE. Web. 20 Sept. 2015. Jordan Greenbaum is the Medical Director of the Child Protection Center at the Children’s Healthcare of Atlanta. He received his medical degree at the Yale School of Medicine, completed his residency in Pathology at Cedars-Sinai Medical Center in Los Angeles, and completed a fellowship in Forensic Pathology at the Office of Chief Medical Examiner in New York City. The source is a published and peer reviewed scholarly article aimed towards a higher educated audience, ranging from young men and women in university to adults. Greenbaum’s message of in the article is highlighting the health affects on children victims of sex trafficking. Greenbaum shows the consequences victims have to face including emotional, physical, and social struggles and argues that the United States does not provide sufficient resources for these children victims. These victims of sex trafficking need to be identified and treated appropriately by professionals. If not treated appropriately, the child victims will face even more emotional and physical consequences than before. This source was written by a doctor who has a background in physical and psychological health, so his opinions are slightly more neutral on the issue and focuses on the medical standpoint of the issue. This gives me more background on the potential battles child victims of sex trafficking must face and the lasting affects their new environments and treatments can have on them. This information is useful because it directly pertains my normative question involving child sex trafficking victims and foster care. Helping Hand Home for Children: Hope Happens Here Since 1893.Helping Hand Home for Children, n.d. Web. 20 Sept. 2015. This website is owned and run by Helping Hand Home for Children (also known as HHHC), a nonprofit organization that provides a safe place for abused, neglected, and abandoned children to heal. The organization offers therapeutic foster care, adoption services, residential treatments services, and an on-site school for abused children in the Travis County area. The ultimate goal of HHHC is to provide these neglected and abused children with the tools they need to grow healthy physically and mentally so they can be placed in nurturing and loving homes so they can learn to build and thrive in a healthy family setting. The HHHC’s mission is to help these children overcome their fear and pain so that they can learn to trust adults again and reclaim their lost childhoods. This source is a non-profit organization that works with foster children, so their opinions and ideals are skewed toward quickly getting children out of bad environments and into foster care homes. This website is important to my research because it gives me information that can be used on both the proponent and opponent sides of the argument. This website provides great information on what abused and

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exploited children need to overcome their experiences and learn to let themselves have a happy and mentally healthy life again. Jackson Foster, Lovie J., et al. "Childhood Behavioral Disorders And Trauma: Predictors Of Comorbid Mental Disorders Among Adult Foster Care Alumni." Traumatology 21.3 (2015): 119-127. PsycINFO. Web. 20 Sept. 2015. Lovie Jackson Foster earned her PhD in Social work at the University of Washington and completed a T32 Postdoctoral Research Fellowship at the University of Pittsburgh, Department of Child and Adolescent Psychiatry. Her area of research includes the “multidisciplinary study of health and health care disparities, collaborative care models to address the health and mental health of traumatized underserved youth and families in diverse settings, and health services research using community-based participatory research and health information technology.” This source is a scholarly article and is aimed towards a more educated audience, including college students and educated adults. The article focuses on the outcome of foster care youths once they’ve aged out of the system, and the mental health conditions they suffer from. The research showed that a high percentage of female foster alumni suffered from mental health disorders, lived under the poverty line, and were unmarried. Children who had behavioral disorders or were mistreated during their stay in foster care were more likely to show signs of mental helath disorders as adults. This source was written by a woman who has a background in Social Work, so her opinions on the issue are slightly more neutral and focus on the child’s needs. This article is important because it shows how detrimental a safe environment is on children in foster care. This article helps me understand how the foster care system affects the children in it, and how it could potentially affect a child who has suffered at the hands of human sex trafficking. “Kids Won’t Just Tell You. Learn the Signs | Stop it.” Center for Child Protection. Center for Child Protection, n.d. Web. 20 Sept. 2015. The Center for Child Protection in Travis County, Teas is a nationally accredited children’s advocacy center for children and teenagers who are “suspected are suspected victims of sexual abuse, physical abuse, neglect and for children who have witnessed a violent crime.” The Center is a safe, childfriendly space and is used for “recorded forensic interviews, medical exams, counseling and intervention during the investigation and prosecution of child abuse cases.” The Center for Child Protection is the only non-profit in Travis County that is involved with investigations of sexual abuse and sex trafficking crimes against children. One of my opponents to the way HB 418 is set up now is Amanda Van Hoozer, who is the Director of Program services. This source is a non-profit organization that works with foster children, so their opinions and ideals are skewed toward quickly getting children out of bad environments and into foster care homes. This website is useful because is gives me some background information on Van Hoozer and what her role in the action against sex trafficking is.

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LLoyd, Rachel. "GEMS: Girls Educational & Mentoring Services." Girls Educational Mentoring Service: Girl's Are Not For Sale. GEMS, n.d. Web. 20 Sept. 2015. This source is a website for the nonprofit organization Girls Educational and Mentoring Services (also known as GEMS), an organization started by Rachel Lloyd who survived sex trafficking as a late teenager and immigrated to the United States to help girls like herself who had experience commercial sex exploitation. GEMS is the only organization in New York City that was specifically designed to help young girls and young women who’ve been exploited by commercial sex mistreatment and domestic sex trafficking. The website describes the organizations services, which include Youth Development, Direct Intervention, Prevention and Outreach, Educational Services, and Transitional and Supportive Housing. The program is most well-known for its Youth Development Program which helps young women develop their social and emotion needs through “strength-based programming” to become aware of their potential and value. The organization works hard to empower young women who have been victimized and turn them into strong leaders and independent young women who have the possibility of a better future. This website is important because, much like the Not For Sale website, it really highlights how a survivor has mentally been affected by commercial sexual exploitation. The organization illustrates how badly young, impressionable women can accept that they are worth nothing more than what their bodies can offer. This source is an organization that is run by a woman who experienced sex trafficking first hand and who works closely with sex trafficking survivors, so her opinions are geared toward getting the best possible care for survivors. This website does a great job educating people about the possibilities the victims have for a brighter future, and what tools the survivors need to achieve this future. Lloyd, Rachel. Girls like Us: Fighting for a World Where Girls Are Not for Sale, an Activist Finds Her Calling and Heals Herself. New York: HarperCollins, 2011. Print. Rachel Lloyd is a British anti sex trafficking advocate and the founder of the Girls Educational and Mentoring Services (GEMS) an organization that provides help and resources for female (more specifically young girls) sex trafficking victims in New York City. A survivor of sex trafficking herself, Lloyd is most well known for her astounding work transforming the view of young trafficked girls from criminals to victims and survivors. The source is a book: part memoir and personal narratives from girls in GEMS, and part non-fiction and statistical narratives. The book helps explains the issue of commercial sex exploitation and domestic trafficking and the effect it has on young girls as they transition into adulthood and the consequences it has on their physical and emotional being. The books describes the ongoing cycle that most young girls face once they’ve been trafficked, a never-ending uphill-battle of escaping their pimps and then finding themselves returning to these men over and over again. This source was written by a woman who experienced

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sex trafficking first hand and who works closely with sex trafficking survivors, so her opinions are geared toward getting the best possible care for survivors. This book is important because it shows the gritty side of sex trafficking by weaving Lloyd’s personal narrative into non-fiction narrative packed full of shocking statistics. This book is important in my research because it shows the hardships that these victims have to face over and over again. National Council of Juvenile and Family Court Judges. National Council of Juvenile and Family Court Judges, n.d. Web. 20 Sept. 2015. The National Council of Juvenile and Family Court Judges is a nonprofit organization, a group of judges that work together to ensure “justice for every family and every child in every court throughout this country.” The group of judges formed in 1937 to increase the helpfulness and efficiency of the nation’s juvenile courts. This group addresses issues that range from foster care to child abuse to juvenile justice to drug and alcohol abuse. Some resources that the National Council of Juvenile and Family Court Judges provides in juvenile court cases include research, publication, and teams of experts working together to improve the juvenile system. One of the proponents of HB 418 that I am focusing on for my research is, Darlene Byrne. This source is a nonprofit organization, and is run with the help of one of the issues proponents, so their opinions are geared towards the benefits of placing sex trafficking victims into foster care as quickly as possible. This website is useful because is gives me some background information on Byrne and what her role in the action against sex trafficking is, and gives me some insight as to why she is against HB 418 and her thoughts on the foster care system in Texas and the United States. "Patrica Harless - State Representative District 126." Patricia Harless State Representative District 126 RSS. Patricia Harless Campaign, n.d. Web. 20 Sept. 2015. This source is a stakeholder website, run by Texas State Representative Patricia Harless, one of the primary supporters of HB 418. Much like Gene Wu’s website, Harless’ site is run like a campaign and gives highlights of her career, such as being honored as “Champion for Free Enterprise” by the Texas Association of Business and serving the National Energy Council. The website also highlight show how Harless is an active member of several different women’s organizations, including Northwest Forest Republican Women. She’s also committed to several issues in Texas such as: education, economy, children’s safety, and immigration reform. This stakeholder website is important because it gives me insight to Wu and his political ideals and beliefs. This source was written by one of the primary supporters of HB 418, so her opinions are geared towards the benefits of placing sex trafficking victims into foster care as quickly as possible. These ideals and beliefs have a direct effect on HB 418. This website will be used in my research to help evaluate the “pro” side of the argument concerning HB 41

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Should Congress adopt House Bill 418 on national level in order to protect child sex trafficking victims from physical harm and support their mental health needs?

Submission Two I. Outline

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II. Plan of Work

III. Work Cited

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Submission Two Introduction Human sex trafficking is a widespread social problem that is present in every corner of the world. As of September 1st, 2015, HB 418 went into effect in Texas, which immediately places child sex trafficking survivors into the foster care system. The proponents of this law believe placing these victims into foster care will benefit the children and help them overcome the ordeal they’ve been through. The opponents of this law argue that placing these victims will cause more harm to the children than good. This Capstone project will investigate the question of should Congress pass HB 418 on a national level? Exigence This topic is important to discuss because it is so prevalent in the United States and all over the backyard. Human trafficking is present in every neighborhood if you look hard enough. The topic is important because human trafficking is a billion dollar industry that has already surpassed the weapons trafficking industry and is predicted to surpass drug trafficking in the next five years (Polaris). Key Terms Some key terms readers will need to understand when reading my capstone paper include: • Domestic Trafficking: trafficking that occurs within a region where the victims being trafficked are citizens of the region. • Branding: “A tattoo or carving on a victim that indicates ownership by a trafficker and/or pimp.” • Kiddie Stroll: “An area known for prostitution that features younger victims.” • Quota: A Set amount of money that a trafficking victim must make each night before she can return “home.” Quotas are often set between $300 and $2000. If the victim returns without meeting the quota, she is typically beaten and sent back out on the street to earn the rest.” • John (also known as a buyer or “trick”): an individual who pays for or trades something of value for sexual acts. • All definitions from: Sharedhope.org Scope For the purpose of my capstone project, I will only focus on sex trafficking and the foster care system in regards to HB 418. These are both large social problems that are heavily prevalent in the United States, and I do not have the means or resources to cover the social problems in their entirety for the purpose of this project. Narrative:

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“Between 21 million and 30 million men, women and children are enslaved today. That means there are more slaves now than during all the years of the entire transatlantic slave trade combined” (Allies Against Slavery). Human sex trafficking is a growing social problem all over the world, and the United States is the home to some of the largest sex trafficking rings in the world. When most people think about sex trafficking, they imagine poor third world countries, but domestic trafficking is just as prevalent in the U.S. as foreign trafficking. In 2011, the U.S. Department of Justice reported that 83% of victims in sex trafficking cases in the U.S. were U.S. citizens and over 60% of those victims were children under the age of 12. (Allies Against Slavery) In 2014, every state in the U.S. reported several cases of human trafficking with over 50% of those cases being sex trafficking cases – in the U.S. alone more child citizens are victims of sex trafficking than labor trafficking. In the last few decades, with the introduction of the internet and chat rooms, the number of sex trafficking cases has sky rocketed as it as become a marketplace for pimps to run forced prostitution rings (Unicef). Everyone agrees that human trafficking is a problem that needs to be stopped. It is a social problem that will keep growing unless something is done about it, which is where the debate about the problem occurs. Several different people, social groups, and foundations have different opinions on how human trafficking should be dealt with. No one fully agrees on how the victims of human trafficking should be helped, especially in regards to the health and safety of child trafficking victims. On December 1st, 2014, Senator Gene Wu of Houston Texas proposed HB 418, a Texas bill that would place child victims of trafficking into safe and secure foster homes and foster group homes. His intention was provide a stable, safe space for the child victims of trafficking so they could deal with what they’ve been through and take the needed measures to grow into healthy men and women. Very quickly, numerous senators and several Texas foster care groups backed Senator Wu’s bill. Some of these stakeholders include: Helping Hand Home for Children, Foster Angels of Central Texas, Patricia Harless, Alma Allen, Senfronia Thompson and Cindy Burkett. These supporting stakeholders argue that placing child victims into secure foster homes or foster group homes will benefit their physical health and is their best interest. By placing these survivors into a safe and secure environment, they are keeping these children safe from harm at the hands of trafficking dealers, and are eliminating the threat of these children disappearing back into the hands of their pimps and returning to the sex trafficking industry – an issue that occurs in more than 30% of sex trafficking cases in the U.S. The bill was approved by House on April 9, 2015, approved by Senate on May 23, 2015, Became a law on June 9, 2015, and went into effect on September 1, 2015. Unsurprisingly, the bill, which is now an enacted law in Texas, has been disputed by several advocates for child safety. While these advocates believe that Wu had respectable intentions and the child victim’s best interest in mind when proposing the law, they believe the results of the law will no ultimately benefit the child victims, and could in fact, cause more harm than good.

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The opponents of HB 418 argue that not only would the law fail to keep the victims safe from imminent harm and ensure their physical health, but the foster care system would also be detrimental to these victims’ mental health. Hon. Darlene Byrne, a local Austin Judge, argues that most foster homes are not secure enough to keep the victim safe from the trafficker – the child would mostly like never make it into to her courtroom. She states, “It happens that fast. They find these kids that rapidly and it's because they're worth a lot of money” (Maxwell, Law to Shelter Child Sex Trafficking Victims Could Strain Resources). Similarly, these stakeholders argue that the foster care system is not equipped to deal with children who have been through a trauma as drastic as sex trafficking and will only cause the child more harm. Amanda Van Hoozer, a director of the Center for Child Protection, says, “You're dealing with kiddos who are figuring out their normal teenaged stuff on top of being a victim of a really difficult crime” (Maxwell, Law to Shelter Child Sex Trafficking Victims Could Strain Resources). She argues that these children need to be placed in an environment that was designed to help children in their shoes and provide them with the tools they need to achieve a mentally healthy life again.

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Plan of Work Dear Beth, I am writing to present an overview of my plan of work to complete my Capstone project for the fall semester of 2015. I will need to conduct at least two interviews with stakeholders who represent both sides of my social problem, collect and study several different mediums of research, including reading books, scholarly articles, and newspaper articles, find statistic regarding my social problem, and write a paper on my findings. I will need to accomplish these tasks over the course of the semester and feel that I have the resources to complete the project well and on time. Project Overview For my capstone project, I am focusing my research on g the social problem of human sex trafficking, specifically in regards to HB 410, a Texas law that immediately places child sex trafficking victims into the foster care system once they’ve been rescued. This law just went into effect on September 1st and has already been a source of debate by several parties involved. Objectives In order to successfully research this law and its (potential) effect on child human trafficking survivors, there are several tasks I must accomplish. I must buy the Not For Sale and Girl’s Like Us, two books that address the human trafficking business, which I am using for research purposes. I must also read a the several scholarly articles I have found on human trafficking and foster care. Furthermore, I must contact my potential interviewees on the con side, including David Batstone and Rachel Llyod - the authors of Not For Sale and Girl’s Like Us, Amanda Van Hoozer. I also have to contact potential interviewees on the pro side, including Gene Wu and Foster Angels of Texas. I will need to gather my information and organize it to write into my submissions. I will also need to upload my files to Issuu.com. Work Completed I have completed my submission one assignment. I’ve also collect the majority of my research materials – including Not For Sale and Girl’s Like Us, several scholarly articles, multiple websites, and some documentaries. I have finished reading Not For Sale and started reading Girl’s Like Us. I’ve also read a few scholarly articles and news articles. Finally, I have contacted David Batstone at Not For Sale and am waiting to hear back. Work Remaining I have to finish reading Girl’s Like Us and a few other articles I’ve found on my social issue. I must continue to look for new resources in any medium. I also must watch the documentaries I’ve found on my topic.

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I have to contact the rest of my interviewees, including Rachel Llyod, Amanda Van Hoozer, Gene Wu, and Foster Angels of Texas. Discussion I am on schedule to finish my capstone project by the end of the semester. I will remain on schedule by completing tasks I have set for myself. I will utilize sources on campus, such as the Writing Center and the Reference Librarians when I find myself stuck while trying to work on my capstone project. I will break up my time as so: over the next two weeks I will set up interviews with my stakeholders and compile more research; by the end of October, I will have completed interviews and gathered and sorted my research; by November I will have started writing my first draft of the capstone paper; by finals week I will have edited and revised my final draft of the capstone paper. I foresee obstacles showing up when it is time to complete interviews. You can not control other people, and therefore, I will have a plan A, a plan B, and a plan C when it comes to the interviews so that I will not potentially be blind sided by a cancelled interview or a rude interviewee. Conclusion I am confident that with the resources I’ve already collected and my time management skills, I will be able to accomplish the tasks I’ve set for myself – including collecting more research and organizing my findings. In completing these tasks, I will be able to successfully complete this capstone project by the end of the semester. Sincerely, Maggie Kaprosch

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Works Cited "Child Trafficking." Unicef United States Fund. UNICEF, n.d. Web. 28 Sept. 2015. End Trafficking Toolkit (2015): 1-4. Unicef United States Fund. UNICEF. Web. 28 Sept. 2015. Maxwell, Robert. "Law to Shelter Child Sex Trafficking Victims Could Strain Resources." KXAN. KXAN, 30 Aug. 2015. Web. 30 Sept. 2015. "Modern Slavery." Allies Against Slavery. Allies Against Slavery, n.d. Web. 30 Sept. 2015 "Statistics: Modern Day Slavery." Sex Trafficking in the U.S. | Polaris | Combating Human Trafficking and Modern-day Slavery. Polaris Project, n.d. Web. 30 Sept. 2015.

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Should Congress adopt House Bill 418 on national level in order to protect child sex trafficking victims from physical harm and support their mental health needs?

Submission Three I. Critical Analysis and Moral Reasoning

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Critical and Ethical Analysis Normative question: Should Congress adopt House Bill 418 on national level in order to protect child sex trafficking victims from physical harm and support their mental health needs? Issue #1 Adults have the moral obligation to keep children, especially those who’ve been abused and exploited, safe. Proponents argue: House Bill 418 will ensure child trafficking victims’ safety and security by allowing law enforcement officers and CPS to immediately place them in foster homes, or with a relative. Opponents argue: House Bill 418 will not ensure child trafficking victims’ safety or security, and these children should not be immediately placed in foster homes, or with a relative. Critical analysis: • Allowing children to be immediately placed in a secure location, in this case foster agency homes, foster agency group homes, and relative foster homes, without waiting for the hearing, children will be kept safe and will not be abducted by the pimps and traffickers exploiting them. • The foster care system is not a secure housing option for children to be placed. Children are moneymakers for pimps and traffickers and being placed in a home that is not secure will not keep them away from the children. • Being placed in a foster home will not ensure that these children do not run away and return to their pimps on their own. • Foster care will not ensure the safety of the child’s mental health and could cause more harm than good • Being placed in the care of a foster relative isn’t either because (in most cases) children end up in the trafficking trade after being sold by their family or because they are escaping an unhealthy family environment. Ethical analysis: In Sandel’s argument for communitarianism, he suggests that all adults in the U.S. belong to a societal community, and within that community they have moral obligations to uphold, one of these moral obligations is to ensuring the safety of children, especially those who’ve been exploited and abused by adults. Sandel calls this kind of obligation a “special obligation. ”Similarly, in her book “Children’s rights and Children’s Lives,’” Onora O’Neill uses some communitarian arguments to discuss what adults, as a community, morally owe to children. She calls these obligations “perfect obligations,” and argues that these obligations are owed to all children, and also to specific groups of children. As adults, O’Neill argues that we are obliged to not maltreat any child. All adults are under the duty to prevent the abuse and exploitation of every child. Issue #2 Victims of sex trafficking have the right to access therapeutic services to aid in their recovery of mental health.

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Proponents argue: By allowing law enforcement and CPS to place children in the foster care system, children are no longer in immediate danger of being abducted by pimps, allowing them to focus their energy on recovering mentally from their experience in the slave trade. Opponents argue: The foster care system is not qualified to aid in the psychological recovery of child trafficking victims. The foster care system is not a nurturing environment for children who have been severely traumatized by sex trafficking, and does not have the resources (such as money, therapy, and other mental health services) to aid children in their recovery. Critical analysis: • An article published in the Journal of Consulting and Clinical Psychology, titled “Sexually and Physically Abused Foster Care Children and Post-Traumatic Stress Disorder,” explains that children who’ve been abused sexually are at a higher risk for mental health problems, specifically Post-Traumatic Stress Disorder, Anxiety, Depression, and Drug Dependence. • Findings from the Northwest Foster Care Alumni study show that children in foster care experience more mental health problems than children not in the system, specifically PostTraumatic Stress Disorder, Major Depressive Episodes, Social Phobia, Panic Disorder, Anxiety, Alcohol Dependence, Drug Dependence, and Bulimia. Ethical analysis: An argument in favor of universal access to healthcare builds on the contribution made by health to the opportunities people are able to exercise. The most prominent of these arguments extends Rawls’s appeal to a principle assuring each individual the fair equality of opportunity. Rawls’s argument argues that all individuals have the obligation to promote and protect normal functioning for all. In other words, everyone has equal opportunity to be a fully functioning person. You could apply this perspective to an argument for the access of mental health services for child trafficking survivors. Adults are obliged to provide these children with the therapeutic services they need into order to heal and be functioning human beings. Issue #3 Child Sex Trafficking victims are not child prostitutes, because no child can consent to sex, as they do not have the mental capacity to do so. Proponents argue: Child victims of sex trafficking are not prostitutes, and should not be locked up like criminals, but put in a facility that will keep them safe and secure from their pimps and traffickers. Based on this argument, foster care is an acceptable housing option, or at least a step in the right direction towards acceptable housing for these kids. Opponents argue: Child victims of sex trafficking are not prostitutes, and should not be locked up like criminals, but put in a facility that will keep them safe and secure from their pimps and traffickers. Based on this argument, foster care is not an acceptable housing option. Critical analysis: • In the United States, the age of consent to have sex is eighteen. Before this age, children are not mentally capable of consenting to sexual acts with another person.

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• • • •

Every year, more than 1,000 children are arrested for prostitution in the United States, even though they are not at the legal age to consent to sex and for the most part have been forced into prostitution by the slave trade. According to federal law, any person under the age of 18 who performs a sex act in exchange for compensation is by definition a victim of trafficking, and not a prostitute. In California, and several other states, juvenile prostitution carries a sentence of up to two years In Texas, the Supreme Court only recently ruled that children under the age of consent couldn’t be charged with selling sex. In the United States, Children who have not been convicted of a felony cannot be placed in a locked facility, even for rehab or recovery purposes

Ethical analysis: The traditional social contract views of Hobbes, Locke, and Rousseau relied on the idea of consent, which implies a normative power to bind one’s self to a social contract. When a person reaches the “age of consent,” he is able to willingly enter certain social contracts. By placing consent at the center of these contracts, theorists such as Hobbes, Locke, and Rousseau, suggest that the individual involved has the basic normative power over himself before entering into the contract – they have the ability to understand and agree to the social contract. In following this argument, these theorists would argue that, as these children were not of the age to consent, they did not posses the basic normative power over themselves, and therefore, could not consent to the social contract of sex. Discussion and Conclusion Both the opponents and proponents of my normative question make valid arguments about House Bill 418 and whether or not it achieves its purpose.. In order to determine which side best answers my normative question, I will have to study these three issues, examining the critical and ethical analyses of each issue. All three issues have crtical arguments that are back up by statistics from different credible sources, including journals, government websites, and subject experts. The proponent side of the argument argues that placing children in foster care will keep them safe from their pimps, preventing them from willfully returning to their pimps, and ultimately benefit their mental health. The proponent argument is that in keeping these children safe from their pimps in foster homes, the children can focus their energy on healing physically and mentally. The opposing side of the argument argues that placing these children in the foster care system will not efficiently keep them safe from their pimps and traffickers, and will ultimately be detrimental to their physical and mental health. By placing them in foster care, the children are still at risk of being taken by their pimps, and will not receive the therapeutic services they need, as the foster care system is not properly equipped to deal with sexually traumatized children. Instead, the opponents propose a different kind of system for these children, more like a rehabilitation facility, where the children will be safe from their pimps and have access the services they need to recover. Each side agrees that these children are not criminals, but argues that a locked facility would be in the best interest of these children, so they can not be abducted or run away and cause harm to themselves.

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Each side of the argument has different solutions, but has the same ultimate goal: a safe and secure environment where children will get the help they need to improve their mental health.

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Should Congress adopt House Bill 418 on national level in order to protect child sex trafficking victims from physical harm and support their mental health needs?

Submission Four I. Interviews and Civic Engagement

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Interview One I interviewed Gene Wu at his office in the Capitol Building. I felt very professional and accomplished walking into the Capitol Building, and passing by all of the tourists heading inside. Once in his office, Wu, who is a state representative of Texas (Houston Area), was very professional and welcoming to me. He allowed me to talk about my Capstone Project and thoughtfully asked me some questions about my interest in the issue of sex trafficking before we began the interview process. I asked Representative Wu several questions through out the interview process but the questions that stood out to me the most, and had the most lengthy and important answer were the following: “Why and how did you come up with House Bill 418?” “What were the biggest issues you faced when getting it passed?” “How do you respond to the criticism the bill?” and “Do you think House Bill 418 should be passed on a national level?” Wu is from Houston, Texas, which happens to be the home of several trafficking rings. Wu stated that he was interested in keeping the children in his community safe, and in order to do so, and make any headway in public safety, he had to crack down on human trafficking. Wu stated several times that children are not prostitutes. They cannot consent to sex, and therefore, should not be held accountable for being vulnerable and exploited. Wu and several other State Representatives of Texas HB 418, after witnessing the effects of the current legal system when it comes to dealing with trafficked children (foreign and domestic). Before HB 418, the protocol for trafficked children who had been rescued from dangerous environments was to make a court date (anywhere from a few days to a couple of weeks) to decide what the next course of actions should be. This wasn’t effective in protecting the children from their pimps, who would easily kidnap them back (since they were not in a secure and safe home/environment) in the time it took to get the court date.

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When creating the bill, Wu thought about what the best place for these children was. “Honestly, the best place for them is a place that is set up like Juvenile Detentions – or modeled after it. I repeat they are not juveniles. They are not criminals. These children are victims. But they need the security and stability of a place like Juvenile Detention. We need a place where these Johns won’t reach the kids. Where they can’ kidnap them or give the kids a chance to return to them, because that’s all they know.” Wu also talked about the resource benefits of a place modeled after juvenile detention. “In juvenile detention, they have the resources needed to deal with children who’ve been traumatized. They have therapists and academia and professionals to help them. We need something like that, if we truly want to help these children.” And though this outlook makes sense, unfortunately it’s not possible at this time. “We can’t though. We don’t have the authority to lock up these children. They physically cannot be placed in a place that would lock them inside. Because they are victims. We just don’t have the authority, which is why we created the bill. The next best thing. To get them placed in foster care right away. Or to return them to their families right away.” The hardest part about getting the bill passed was dealing with CPS – also known as Child Protection Services. CPS (specifically, the Texas division) controls what happens to these children. And Wu hinted that CPS was not fully equipped to deal with children that been through this kind of ordeal, that had been ripped from their lives and their families and forced to sell their bodies and their labor. CPS normally deals with domestic cases – cases of children in dangerous situations at home, children who’ve been sexually, physically, or emotionally abused. Trafficking is a whole other ball field. “CPS was a bit of a roadblock. We had to persuade them, talk to them about the issue. Show them that these children were not getting help – most of them were not even making it out of their situations. They just wound up back with their Johns and on the street.” In terms of criticism, Wu acknowledged that there was criticism of the bill and didn’t try to slam the claims others were making. Wu acknowledged that the Bill wasn’t perfect; he said there is

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room to grow. “I understand where they are coming from. I understand what they are saying about the system and I understand their concerns. But what we’ve done, what we’re in the process of doing – is important. We see the problem and we’re working on it. This isn’t a black and white issue. There’s a lot of gray area. And we’re dealing with it – in fact, we’ve already been making changes. We’ve already started making it better and will continue to do so.” When we got down to the basis of my capstone project – if Congress should pass the bill on a national level – Wu surprised me. He said no. “Here’s the deal. Congress can’t pass it on a national level – because CPS is different in each state. Each state has different laws regarding CPS and child safety. Each state has different regulations. Sure, there is a sort of general consensus about ideas. Child abuse of any kind is wrong. It’s illegal. And should be punishable by law. Exploiting a child is wrong. It’s how we deal with the details of these crimes that CPS changes by state. So what really needs to happen, is CPS needs to rethink the system. Should it be uniform in every state? I think so. So really, it’s not that Congress needs to nationalize this law, but at this point, each state individually needs to adopt this law in a way that CPS will allow them to.”

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Interview Two I interviewed Kay Firth Butterfield, who used to practice family and child law in the United Kingdom. She now works as the Chief Officer of the Ethics Advisory Panel at Lucid, a company that uses Artificial Intelligence to solve the world’s most complex problems. As the Chief Officer of the Ethics Advisory Panel, she focuses on using Artificial Intelligence to help make the world a better place, and focuses her work on social problems. Butterfield is also an advocate for Human Trafficking and Child Abuse. Once in the Lucid main office, which I believed was a trendy new restaurant with cute servers at one point, Butterfield led me to her personal office and was extremely accommodating. She was clearly Capstone topic and wanted to know more about my project. She asked me involvement with Not For Sale, a non-profit in San Francisco that is working toward ending human trafficking, and wanted to know more about HB 418 after doing some of her own research. Once the interview started, I asked Butterfield several questions about child sex trafficking (and child trafficking in general) and she had some great answers. Some of her answers even lead to better questions. The questions that stood out to me the most were: “How would working at a company like Lucid, where you use artificial intelligence, aid the fight against human trafficking?” “What is your biggest opposition to HB 418?” “If foster care isn’t he right place for them, where is?” “How do you think we could adopt Britain’s laws surrounding trafficking, abuse, and child care to benefit the U.S? When speaking about her work at Lucid, she described the many ways in which artificial intelligence could be used to combat human trafficking. As people rely on technology more and more, it is getting easy to use technology to track people and things, like money and transportation. Butterfield described programs, based on formal concept analysis, that could process police reports,

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identify suspected traffickers and victims, infiltrate trafficking networks, and even track money patterns in the bank. She spoke about how easy it was to track online involvement with human trafficking rings, as a lot of men and women carelessly post ads to sell children online. She described how AI could be used to track these transactions and servers in mere seconds, leading law enforcement to the traffickers. She also described how AI could be used to trace bank statements (involving logarithms and a lot of math), which allows law enforcement to follow the money trail to the pimps and traffickers, and ultimately to their merchandise – the children. When asked about her biggest issue with HB 418, Butterfield spoke about an issue that Gene Wu also mentioned: locked facilities. In the United Kingdom, Butterfield explained that when it concerns their safety and health, the court could permit law enforcement to lock children up in “Secure Accommodations.” This process is called obtaining a “secure accommodation order.” Butterfield then pulled up the British Government’s webpage for Children’s Act of 1989, which details Secure Accommodations and what they entail. Basically, Secure Accommodations, as explained by Butterfield, “are like really fancy boarding schools, with gyms, dorm rooms, common rooms, and health wings – for both physical and mental health needs. The only thing that separate Secure Accommodations from actual boarding schools are the barbed wire fenced that line the roofs.” There is a whole process to obtaining a court order and it involves court hearings. It’s a lengthy process and the child is legally represented by someone who has their best interest in mind. Butterfield emphasized this point, as it is slightly different in the U.S. “They don’t child’s.” Once placed in the Secure Accommodation, the child has to remain their for a period from 6 to 18 months, depending on why they are there and how they feel after a certain amount of time.

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She explained that it was usually the latter; children don’t really start to heal until the five or six month mark. She talked about how the healing process is a long and challenging one. She described the two phases of healing as struggling and healing. “At six months, these children start to let their guard down. At six months – the secure accommodation starts to fee like home.” She explained. “These children are getting the help they need with group therapy sessions, they are forming healthy relationships with their peers and the adults helping them, they are talking about the trauma they endured and gaining the strength they need to move past it, and they are learning to trust again.” When we finally managed to speak about the problems with placing children in foster care, Butterfield didn’t hold back her criticism. She spoke about the American foster care system with a mixture of distain, confusion, and even a little bit of fascination. She talked about funding and resources for foster homes, and how if the government wants the foster care system to truly benefit children and young adults, there needs to be more of it – more funding, more resources, and more people who generally care about these kids getting more than the bare necessities. She argued that the foster care system lacks the security HB 418 speak about and still allows for children to run away or be kidnapped from their pimps. “How easy would it be for a Pimp to figure out which foster home his merchandise is living in? Not hard at all. Especially considering most of these victims are places into foster homes within the cities they were rescued from.” She also spoke about the lack of therapeutic services for these kids, who do need counseling because they “haven’t been dealt the easiest hand in life.” This lack of resources is, in the end, causing more harm than good, and came to the conclusion: “You want to put traumatized children in this system? You want to put children who’ve exploited by sex and hooked on drugs and other unimaginable horrors into a place where they won’t get the security and the help they need to heal?

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Where they’ll be able to keep doing drugs and try to run away and not understand what they are going through?”

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Interview Three For my third interview, I spoke to a member of San Francisco’s Human Trafficking Division. The officer asked to remain anonymous as she was still in active duty, so I will refer to her as Officer Anonymous throughout the interview. This was one of my shorter interviews and only last around fifteen minutes, but I still received a lot of useful information. I met Officer Anonymous at San Francisco’s Mission Station and we talked inside of my Dad’s office. She very cooperative throughout the interview and was happy to see young people are interested in social problems. Once the interview started, I asked Officer Anonymous several questions about child sex trafficking in San Francisco and how the police deal with such a huge problem, and she had some great answers. The questions that stood out to me the most were: “How and why was the Human Trafficking Division formed?” “What do you think of HB 418 and do you think it could be implemented here?” “What are signs you look for when trying to stop human trafficking (Especially when it is child victims)? How do you educate your team?” “Do you think foster care us the right place for these children? DO you When speaking about how the division formed, Officer Anonymous spoke about how more and more trafficking cases were being reported every year, especially cases involving children under the age of sixteen. She spoke a lot about Asian massage parlors, which were the biggest source of sex trafficking cases, as many of them had become sex slave shops for illegally trafficked young women and children. This was not a unfamiliar concept, as I had witnessed a situation much like the one she described next door to a karaoke bar my sister and I used to frequent in the Marina District. Officer Anonymous spoke about how San Francisco is one of the largest hubs for sex trafficking, which is why the human trafficking (a part of the sex crimes division) was formed, to combat the rising numbers.

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However, she stressed that dealing with pimps and sex trafficking victims, especially children, isn’t like the movies. You don’t just save them and immediately get a confession and arrest the bad guys. “A lot of the times, it takes a while to get information from the victims, especially the children,” she explained. “These kids don’t even realize they are victims. They are taken from their homes and told to sell the bodies. They grow up selling sex and before they know it, that’s all they know and all they think they’re good for. And when we rescue them, sometimes they don’t want to be saved. They are afraid of us. Afraid of authority. Because they’ve been brainwashed by scum to think that way. It’s heartbreaking.” As I spoke to her about HB 418k and what it would do for children who’ve been rescued from sex trafficking, Officer Anonymous seemed to think it was good and bad. That it was a step in the right direction, but wasn’t enough. She told me that HB 418 sounded great in theory, and the time-sensitive nature of it was important and useful, because it is very common for children to run away and return to their pimps after they’ve been rescued. But similar to the views of Kay Firth Butterfield, Officer Anonymous thought foster care wasn’t the answer to the issue of the treatment of child sex trafficking survivors. However, she did explain, “I get what they are trying to do here, and I think foster care was the only answer. We can’t just put them back on the streets, we can’t put them in a shelter, and we can’t lock them inside somewhere. So where the hell are we supposed to put them? Foster care is really the only option right now, which sucks because who knows what will happen to them their. They could run away or disappear or just not get the help they need to overcome this.” She did agree that the law was a step in the right direction, and would be a good addition to the laws currently being passed in California. She talked about Assembly Bill 764, which was enacted in 2011, and requires taxpayers to contribute a portion of tax return to the Child Victims of Human Trafficking Fund. And explained what would happen if California tried to adopt HB 418: “At the

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moment, if the state of California did take the necessary steps to enact a bill similar to HB 418, we would most likely only adopt the time-sensitive aspect of the bill. We would place the children in temporary emergency housing, under the protection of law enforcement, while their hearings to find permanent housing options are underway. There would need to be a lot of funding to enact a bill that deals with mandated protective housing, because we’d want to find the right housing option for them, where they get the protection and help they need to heal.” Finally, we talked about the training someone would go through to work in a human trafficking unit, and how to recognize the signs that someone might be a victims of human trafficking. The biggest signs involved the security of the place of establishment. She explained that Human trafficking establishments have high windows, security cameras, opaque windows, etc. When trying to recognize the signs in children, she said they are trained to notice things such as: mental health and abnormal behavior, poor physical health, lack of control over personal items and possessions, and lack or inability to name their address. She talked about having patience to do the job, “These kids are terrified. They don’t want to talk. They want to remain as invisible as possible and not cause problems. Because causing problems leads to a beating. So we have to be patient. We have to earn their trust and because they don’t trust anyone. We have to let them know we’re there to help them - to let them know it’s gong to be okay.”

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Civic Engagement For my civic engagement, I decided to write a query to Austin Woman Magazine to write an article about Brooke Crowder and her work with The Refuge Ranch, a therapeutic ranch for girls’ who’ve been exploited and victimized by the sex trafficking industry. I’ve written the query and contacted the Refuge to get permission to write the article if my query is accepted. I’ve made plans to speak with Brooke Crowder, as well as several other supporters of the Refuge Ranch, including Austin Police Department’s human trafficking unit and several prosecutors who’ve dealt with child trafficking cases and worked with Crowder. The article would be written in exposition and personal narrative, much like my capstone paper. It would highlight Crowder’s work with the ranch and her advocacy for ending human trafficking.

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BIBLIOGRAPHY

"Child Trafficking." Unicef United States Fund. UNICEF, n.d. Web. 28 Sept. 2015. Children Act 1989: VI/44, London: HMSO Diaz, Angela, Ellen Wright Clayton, and Patti Simon. "Confronting Commercial Sexual Exploitation And Sex Trafficking Of Minors." JAMA Pediatrics 168.9 (2014): 791-792. MEDLINE. Web. 10 Dec. 2015. Duger, Angela. "Focusing On Prevention: The Social And Economic Rights Of Children Vulnerable To Sex Trafficking." Health And Human Rights 17.1 (2015): E114- E123. Web. 10 Dec. 2015. End Trafficking Toolkit (2015): 1-4. Unicef United States Fund. UNICEF. Web. 28 Sept. 2015. Findholt, Nancy, and Linda C. Robrecht. "Legal and Ethical Considerations in Research with Sexually Active Adolescents: The Requirement to Report Statutory Rape." Perspectives on Sexual and Reproductive Health 34.5 (2002): 259. Web. 7 Dec. 2015. "Forced Labour, Human Trafficking and Slavery." International Labour Organization. International Labour Organization (ILO), 2015. Web. 10 Dec. 2015. Greenbaum, Jordan. "Commercial Sexual Exploitation And Sex Trafficking Of Children In The United States." Current Problems In Pediatric And Adolescent Health Care 44.9 (2014): 245-269. Web. 10 Dec. 2015. Greenbaum, Jordan, and James E Crawford-Jakubiak. "Child Sex Trafficking And Commercial Sexual Exploitation: Health Care Needs Of Victims." Pediatrics 135.3 (2015): 566-574. Web. 10 Dec. 2015. Greenbaum, V Jordan, Martha Dodd, and Courtney McCracken. "A Short Screening Tool To Identify Victims Of Child Sex Trafficking In The Health Care Setting." Pediatric Emergency Care (2015): Web. 10 Dec. 2015.

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Maxwell, Robert. "Law to Shelter Child Sex Trafficking Victims Could Strain Resources." KXAN. KXAN, 30 Aug. 2015. Web. 30 Sept. 2015. May, Meredith. "Sex Trafficking: San Francisco Is A Major Center For International Crime Networks That Smuggle And Enslave." SFGate. SFGATE, 06 Oct. 2006. Web. 10 Dec. 2015. McConkey, S J, et al. "Sex Trafficking In Ireland From A Health Care Perspective." Irish Medical Journal 107.9 (2014): 270-272. Web. 10 Dec. 2015. "Modern Slavery." Allies Against Slavery. Allies Against Slavery, n.d. Web. 30 Sept. 2015 Muraya, Dorothy Neriah, and Deborah Fry. "Aftercare Services For Child Victims Of Sex Trafficking: A Systematic Review Of Policy And Practice." Trauma,Violence & Abuse (2015): MEDLINE. Web. 10 Dec. 2015. Richards, Tiffany A. "Health Implications Of Human Trafficking." Nursing For Women's Health 18.2 (2014): 155-162. Web. 10 Dec. 2015. "Statistics: Modern Day Slavery." Sex Trafficking in the U.S. | Polaris | Combating Human Trafficking and Modern-day Slavery. Polaris Project, n.d. Web. 30 Sept. 2015. Texas. Leg. House. HB 418. 84th Leg. H. 2015. Print Warner, Isaiah, and Mariah Berry. "Texas Could Be a Leader in Addressing the Child Trafficking Problem with House Bill 418." Chron: Inside Policy Politics. Chron, 16 Feb. 2015. Web. 10 Dec. 2015. Wu, Gene. "Bill to Protect Child Victims of TraffickingSigned Into Law." Texas House of Representatives: Rep. Wu, Gene. Texas House of Representatives, 11 June 2015. Web. 09 Dec. 2015.

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i "Modern Slavery." Allies Against Slavery. Allies Against Slavery, n.d. Web. 30 Sept. 2015 ii

Learn more about the term “touching room” at: May, Meredith. "Sex Trafficking: San Francisco Is

A Major Center For International Crime Networks That Smuggle And Enslave." SFGate. SFGATE, 06 Oct. 2006. Web. 10 Dec. 2015. iii

Batstone, David. "Not For Sale | Slavery isn’t over. Working to End Slavery And Human

Trafficking." Not For Sale. Not For Sale, n.d. Web. 20 Sept. 2015. iv

Learn more about these statistics at: "Forced Labour, Human Trafficking and Slavery." International

Labour Organization. International Labour Organization (ILO), 2015. Web. 10 Dec. 2015. v

To learn more about the percentage of sex trafficking cases reported to involve minors, read:

"Statistics: Modern Day Slavery." Sex Trafficking in the U.S. | Polaris | Combating Human Trafficking and Modern-day Slavery. Polaris Project, n.d. Web. 30 Sept. 2015. vi

Wu, Gene. "Bill to Protect Child Victims of Trafficking Signed Into Law." Texas House of

Representatives: Rep. Wu, Gene. Texas House of Representatives, 11 June 2015. Web. 09 Dec. 2015. vii

See Submission Four: Interview One

viii

I.d.

ix

I.d.

x

See Submission Three: Issue Three

xi

See Submission Four: Interview One

xii

I.d.

xiii

I.d

xiv

I.d

xv

I.d

xvi

See Submission Four: Interview Two

53


xvii I.d. xviii

I.d

xix

I.d

xx

For more information on the Child Protection Act, see: Children Act 1989: VI/44, London:

HMSO xxi

I.d.

xxii

I.d.

xxiii

I.d.

xxiv

See Submission Four: Interview Two

xxv

I.d.

xxvi

I.d.

xxvii

See Submission Four: Interview Three

xxviii

Including: Assembly Bill 1956, which expands the California Voluntary Tattoo Removal Program

to serve victims between the ages of 14 and 24 who were tattooed for identification in human trafficking; Assembly Bill 2466, which allows the court to preserve the assets and property of criminal defendants charged with human trafficking; Senate Bill 1193, which requires businesses, transit hubs, and other locations that are suspected or under investigation of sex and labor trafficking to post notices publicizing human trafficking resources; and Assembly Bill 764, which allows taxpayers to contribute a portion of tax return to the Child Victims of Human Trafficking Fund. xxix

See Submission Four: Interview Three

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