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Addressing Human Trafficking in Health Care Settings
January 05, 2022
The Michigan Human Trafficking Commission works to provide general updates and awareness information on human trafficking to keep the public informed. "Addressing Human Trafficking in Health Care Settings," created by The University of Michigan's Human Trafficking Collaborative, is an excellent training on human trafficking for health professionals. For clarification on legal protections for 16 and 17-year old minor sex trafficking victims, the Commission strongly urges viewers to refer to the Attorney General's fact sheet which provides:
Michigan Safe Harbor for Human Trafficking - Minor Sex Trafficking (Children under 18 are minors for purposes of trafficking)
- Minors under 16 are fully immune from prostitution charges
- Minors 16-17 involved in prostitution presumed trafficking victim
- Law enforcement prohibited from charging unless they have extraordinary proof (beyond a reasonable doubt) no other person was involved in the prostitution of the minor
- Law Enforcement must refer prostituted minors to CPS for investigation
- CPS investigation must include determination of whether the child "dependent" and danger of harm Dependency jurisdiction in the family court applies to minors alleged to have committed a commercial sexual act.
- Dependency jurisdiction allows court to provide minors services without holding the minor or their parents responsible
If a 16 or 17-year old minor who is provided services under dependency jurisdiction fails to "substantially comply" with court-ordered services, law enforcement COULD, but is not required to, charge that 16 or 17-year old with prostitution. This is an unlikely possibility due to the Family Court's focus on rehabilitation services.
The Michigan Human Trafficking Commission gratefully acknowledges the University of Michigan's Human Trafficking Collaborative for preparing this training.