Policy for Training on Identification/Assessment/Care of Human Trafficking Survivors
State of Michigan

I. POLICY PURPOSE

It is the policy of the [Insert name of health facility] to ensure that training is available to staff in the identification, assessment, and follow-up care of survivors of human trafficking. 

The purpose of this policy is to protect our patients and to ensure compliance with the provisions of the Michigan Human Trafficking Act MCL 750.462(a)-(i). (Act No.329 and 343, Public Acts of 2014). This policy includes all inpatient and outpatient programs of the [Insert name of health facility].

II. POLICY/PROCEDURE PURPOSE

The purpose of this policy is to protect our adolescent and adult patients who may be victims of human trafficking, and to ensure compliance with the provisions of the Michigan Statutes, Annotated – MCL 750.411, MSA 28.643 (1996), Sec. 411. The purpose of this policy is also to provide guidelines to our providers to assist them in the identification, treatment, and follow-up of patients who have experienced human trafficking. Vulnerable adults who may be victims of abuse or neglect are addressed in [Cite other relevant policies] . 

III. DEFINITIONS

Human Trafficking – A modern-day form of slavery involving the illegal trade of people for exploitation or commercial gain. A victim need not be physically transported from one location to another for the crime to fall within this definition.

Labor Trafficking – The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage or slavery.

Sex Trafficking – The recruitment, enticement, harboring, transportation, provision, obtaining, advertising, maintaining, patronizing, or soliciting by any means of a person of 18 years and older, through force, threats of force, fraud, coercion or any combination of such means that will be used to cause the person to engage in a commercial sex act. In the case of a person who has not attained the age of 18 years, sex trafficking occurs when that person will be caused to engage in a commercial sex act.  

IV. POLICY STANDARDS

1. Patients are routinely screened for human trafficking by their provider:
   1. A physician, nurse, or other health care professional screens for human trafficking during patient encounters (as described in paragraph 2) at [Insert name of health facility]. Screening includes assessing for clinical indicators of trafficking, and asking screening questions. The assessment will be done in private (Assessing for Human Trafficking Resource). The healthcare provider documents that the screening has occurred, including the results.
   2. Opportunities for providers to screen patients include:
      • All adult and adolescent inpatient encounters by use of the abuse screening questions on the nursing assessment form;
      • The patient’s initial general assessment;
      • Health maintenance exams;
      • The onset of care for a new chronic disease;
      • Pregnancy and postpartum visits; and
      • Any other occasion where signs and symptoms warrant screening.

2. If human trafficking is identified, the health care provider will [Insert relevant referrals] :
   • Consultation regarding reporting requirements;
   • To assess the patient’s safety; and
   • Referral to the appropriate community agency or resources.

The healthcare provider will:

• Assess the severity and frequency of abuse (Assessment for Abuse Resource).
• Work with the patient to develop and implement a safety plan based on the patient’s goals and social situation (Safety Planning Resource) and offer referrals to the appropriate community and [Insert name of health facility] resources.
• Document the results of the screening, any abuse and safety assessments and safety plans, referrals, and reports made to a law enforcement agency (Human Trafficking Safety Planning).
• Make the proper reports in accordance with Michigan Law (Michigan Reporting Law Resource).

3. Orientation, resource materials, and ongoing opportunities will be provided to educate patient care staff at all levels regarding [Insert name of health facility] Standards for human trafficking.

V. PROCEDURE ACTIONS

1. Screen patients for human trafficking.
2. If signs of trafficking are present, request a social work consultation.
3. Assess patient safety, create a safety plan, and offer the patient referrals.
4. Document the results of the screening, the abuse assessment, the safety assessment and safety plan, referrals, and any reports made to law enforcement agencies (Documentation Resource).

VI. TEMPLATES/RESOURCES

Assessing for Human Trafficking 

Assessment for Abuse

Safety Planning

Documentation

Michigan Reporting Law

 

VII. REFERENCES

The Joint Commission Accreditation of Healthcare Organizations Standard PE.1.9

Screening for Human Trafficking: Guidelines for Administering the Trafficking Victim Identification Tool (TVIT), Vera Institute of Justice (2014), https://www.vera.org/publications/out-of-the-shadows-identification-of-victims-of-human-trafficking. 

Michigan Statutes, Annotated – MCL 750.411, MS 28.648 (1996), Sec. 411

Polaris Project

Medical Fact Sheet, Human Trafficking & Health Care Providers, http://www.htlegalcenter.org/wp-content/uploads/Medical_Fact_Sheet_Document_FINAL_NOVEMBER_20_2017.pdf. 

CITATIONS

¹ US Department of Homeland Security

² Trafficking Victims Protection Reauthorization Act of 2013.

³ Trafficking Victims Protection Act as amended, 2013.