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LOUISIANA JUDICIAL COLLEGE
2016 City and Juvenile Judges Seminar January 13-15, Paragon Casino Resort, Marksville
BEST PRACTICES ROUNDTABLE DISCUSSION: Juvenile Track
Judge Candice Bates Anderson Orleans Juvenile Court Judge Anne L. Simon District Judge, Retired
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1. Under 18 and involved in commercial sex act
3. Anyone forced to perform labor and/or services in conditions of involuntary servitude through force, fraud, or coercion
22 U.S.C. §7102Trafficking Victims Protection Act (TVPA)
2. Over 18 involved in commercial sex act through force, fraud, or coercion
Other Terms You may Hear:
Commercial Sexual Exploitation of Children (CSEC)
Domestic Minor Sex Trafficking (DMST)
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A minor is considered a victim of trafficking regardless of whether the commercial sex act is believed to be forced or voluntary. (18 U.S.C. §1591(a).)
Pay Attention
Pay Attention
A minor is considered a victim of trafficking regardless of whether the minor represents himself/herself as an adult. The law provides that in prosecutions involving a minor victim, the government is not required to prove that the defendant knew that the victim was under the age of 18. (18 U.S.C. §1591(c).)
Pay Attention
A minor is considered a victim
of trafficking regardless of
whether he or she is removed from his or her community.
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Recognizing a victim of Human Trafficking
• Excess amounts of cash
• Extreme clothing that may not be appropriate for the weather
• High end labels on shoes, purses, jackets
Recognizing a victim of Human Trafficking
• Hotel room keys
• Chronic runaway/homeless youth
• Lived in Foster Care/Group Homes
• Talking about frequent traveling
• Lack of knowledge about a given community or whereabouts
• Frequent school absences or long periods of absence
Recognizing a victim of Human Trafficking
• Signs of physical abuse, restraint, branding (tattoo, jewelry)
• Lying about age/false identification
• Inconsistencies in story
• Claims of being an adult although appearance suggests adolescent features
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Recognizing a victim of Human Trafficking
• Presence of an overly controlling and abusive “boyfriend” or “friend” or “relative”
• Often seen with a man or group of men nearby (watching from a car or across the street, etc.)
Recognizing a victim of Human Trafficking
• Inability or fear to make eye contact
• Restricted/scripted communication
• Frequently found in known areas of prostitution/ clubs/ casinos/ truck stops
• Demeanor – fear, anxiety, depression, submissive, tense, nervous
Recognizing a victim of Human Trafficking
Identified by Law Enforcement or as a Delinquent Child –common offenses:
Drug Charges Truancy Chronic Runaway Gang Member Domestic Violence Solicitation Battery of or flight from
police Sexual battery
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Thing to remember when communicating with juvenile victims of
trafficking:Build trust and rapport
Reassure your client that you care about him/her
Try to meet his/her immediate needs and help him/her feel comfortable
Thing to remember when communicating with juvenile victims of
trafficking:
Use terms that he/she uses
Don’t make promises you can’t keep
Thing to remember when communicating with juvenile victims of
trafficking:
Don’t shame or ask intimate or accusatory questions
Be trauma‐informed and sensitive Not: “What did you do?” But: “What happened to you?”
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Thing to remember when communicating with juvenile victims of
trafficking:
Be patientRespect boundaries
You think you’ve identified a victim… Now what?
Connect with Services:
• Conduct a needs assessment• Create a safety plan• Stabilize shelter, medical care
and steady access to water/food
• Connect with trauma-focused counseling
• Consider working with your DA to drop charges or place in diversionary programs with the result of a dropped charges if program completed successfully
You think you’ve identified a victim… Now what?
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Resources – to report trafficking
National Human Trafficking Resources Center (888) 373‐7888 text BeFree (233733)
DCFS child abuse hotline – when suspected trafficking occurring in the family1‐855‐452‐5437 or 1‐855‐4LA‐KIDS.
Louisiana State Police To report information about a traffickerDetective Kelly [email protected]‐925‐3682
Shared Hope Internationalwww.sharedhope.org
Polaris Projecthttps://polarisproject.org/
Dealing with Human Trafficking Victims in a Juvenile Case:http://www.htcourts.org/wp‐content/uploads/HT_Victims_inJuvenileCases_v02.pdf?InformationCard=Dealing‐With‐HT‐Victims‐Juvenile
Strategies for Youth: Connecting Cops and Kidshttp://strategiesforyouth.org/for‐police/how‐to/how‐to‐exploitation/
Juveniles For Sale: Recognizing Juvenile Human Trafficking Victims as Victimshttp://njdc.info/wp‐content/uploads/2013/11/PowerPoint‐Juveniles‐for‐Sale‐Recognizing‐Juvenile‐Trafficking‐Victims‐as‐Victims.pdf•Juvenile Victims of Domestic Sex Trafficking: Juvenile Justice Issueshttps://www.fas.org/sgp/crs/misc/R43677.pdf
Resources – to gain information
NOPD Vice Squad
(504) 658‐5835
Dr. Laura Murphy
Dept. of English, Loyola University
Expert in Human Trafficking
Works with Covenant House ‐ Can conduct an assessment.
504‐ 865‐2479
Resources – New Orleans
New Orleans Family Justice CenterTrauma Recovery Program
Provides confidential and FREE Group and Individual Counseling on trauma: domestic violence, dating violence, family violence, childhood sexual abuse, adult sexual abuse, adults recovering from childhood sexual abuse, stalking, violence co‐existing with substance abuse;Provides legal assistance for protective orders, custody orders, divorce.
701 Loyola Ave., Ste. 201New Orleans, LA 70113504‐592‐4005
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Covenant House New Orleans
Jim Kelly, Executive Director
Office: 504‐584‐1102
Cell: 504‐975‐0650
611 N. Rampart St., New Orleans, LA 70112
504‐584‐1111
covenanthouseno.org
Free Indeed Home
A home dedicated to the rehabilitation of minor female victims of sex trafficking and/or sexual exploitation.
Dr. Ariel Lloyd, Ph.D. (Psychologist)
Beth Salcedo, Executive Director
504‐343‐7381
Resources – New Orleans
Baptist Friendship HouseKay Bennett, DirectorKendall Wolz, Assistant Director813 Elysian Fields Ave., New Orleans, LA 70117504‐949‐4469baptistfriendshiphouse.org
New Orleans Dream Center – FREE NOLADiane Amos, Director504‐621‐55441137 St. Charles Ave., New Orleans, LA 70130neworleansdreamcenter.org
COMPLYING WITH ICWA IN STATE COURT PROCEEDINGS
The Indian Child Welfare Act has been the law since 1978 PURPOSE: to reverse gov’t decimation of native tribes and families.
WHAT IS DIFFERENT? ICWA has heightened requir’ts before removal, must use Indian experts,
must follow different placement preferences.
SOME TRAPS FOR THE UNWARY
I. Terms in ICWA are to be interpreted according to federal law
1) “foster care placement”… shall mean any action removing an Indian child from his parent or guardian where the parent or Indian custodian cannot have the child returned upon demand. See USC 25, Sec. 1903.
Consider applicability not just to CINC/TPR proceedings but also petitions for custody, guardianships, and private adoptions.
2) “best interest of the child” – ICWA makes a finding that the best interest of Indian child is with an Indian family or Indian tribe
II. Jurisprudential guidance is limited
a. U.S. Supreme Court has decided only two cases, both private adoptions. Mississippi Band of Choctaw v. Holyfield, 490 U.S. 30 (1989) Adoptive Couple v. Baby Girl, 570 U.S. (2013)
b. LA cases are scarce Owens v. Willock, 690 So.2d 948, (2nd Cir. 1997). Tribal court has exclusive jur’n over ward of the tribe Hampton v. JAL , 658 So.2d 331, (2nd Cir. 1995) – foreshadows Baby Veronica – no existing Indian family being broken up.
c. Little help from decisions of other states – have own provisions d. BIA Guidelines: Not the law, but are guidance.
2nd edition only last year; a clear effort to make an end run around Baby Veronica case. Guidelines emphasize requirement
for “active efforts” before initial removal, not at continued custody hearing.
III. Requirements for valid consents are stringent. “…voluntarily consents … shall not be valid unless executed in writing and recorded before a judge of a court and accompanied by judge’s certificate that terms were fully explained in detail in native language. USC 25: Sec. 1913
IV. Decisions by tribes and parents may not be binding a. Notice defects are the most common reasons for invalidations b. Tribal councils may change; is new council bound by agreement
of a prior council? c. True parentage may be unknown or not disclosed by the parties
V. Initially, Indian heritage may not be known or disclosed. Is the only
guaranty of a valid proceeding to complianceS with ICWA in every CINC case? a. active efforts not just reasonable efforts to prevent removal b. ICWA compliant experts, consents, orders, judgments?
STAY TUNED:
1. At least four suits have been filed in western states challenging ICWA as violation of Equal Protection. Race based treatment.
2. Response is that Affirmative Action is justified to reverse past wrongs.
Judge Candice Vaughn Bates-Anderson
Judge Candice Vaughn Bates-Anderson was born in New Orleans, LA on May 12, 1970, where she was then educated by St. James Major Elementary followed by Ursuline Academy, McMain Magnet high school and New Orleans Center for Creative Arts.
After graduating cum laude from Clark Atlanta University and becoming a member of Alpha Kappa Alpha Sorority, Inc., she was named one of the “who’s who” in colleges and universities. She then moved back to New Orleans, graduated from Tulane University School of Law and began her legal career as a judicial law clerk for the Honorable Judge Charles Imbornone.
She then became an associate in the law firm of Beahm and Green where she gathered tremendous trial experience in the Orleans Parish court system.
Prior to Hurricane Katrina, she was an in-house attorney for the Regional Transit Authority and a partner in the law firm of Anderson and Darensburg where she handled clients with personal litigation as well as the Regional Transit Authority and the Housing Authority of New Orleans. As a past member of the Pontchartrain Chapter of the Links Incorporated and a past board member of the St. Mark’s Community Center, she has always tried to give back to the community that gave her so much. She is a past member of the New Orleans Regional Business District Park Board and she attends St. Augustine Catholic Church as well as an afterschool program for the city’s youth. She is a current member of the New Orleans Bar Association, the Louisiana State Bar Association, and the National Association of Women Judges. She is currently the supervising Judge of the FINS program and she is also the Drug Court Judge of Orleans Parish Juvenile Court. She was elected as Chief Judge of Orleans Parish Juvenile Court for 2015 and 2016.
She is a member of the Historic Faubourg Treme Neighborhood Association and is the devoted wife of Aaron Anderson III and the proud mother of three girls Penelope, Caydance, and Angelica Anderson.
