Texas Administrative Code
Title 40 - SOCIAL SERVICES AND ASSISTANCE
Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS
Subchapter A - INVESTIGATIONS
Division 1 - INTAKE, INVESTIGATION AND ASSESSMENT
Section 707.459 - What is labor trafficking?
Universal Citation: 40 TX Admin Code § 707.459
Current through Reg. 50, No. 13; March 28, 2025
(a) Labor trafficking is a subset of the statutory definitions of abuse that appear in Texas Family Code § 261.001(1) and includes the following acts or omissions by a person:
(1) Knowingly causing, permitting,
encouraging, engaging in, or allowing a child to be trafficked in a manner
punishable as an offense under § 20A.02(a)(5) or (6), Penal Code; or
(2) The failure to make a
reasonable effort to prevent a child from being trafficked in a manner
punishable as an offense under § 20A.02(a)(5) or (6), Penal
Code.
(b) In this section, the following terms have the following meanings:
(1) "Labor trafficking" means enticing,
recruiting, harboring, transporting, enslaving, or providing to others or
obtaining for oneself a child for labor or services through force, fraud,
coercion, or exploitation. It involves giving or receiving monetary or
nonmonetary remuneration, including the child's services, and a pervasive loss
of freedom for the child.
(A) When
determining whether a child is a victim of labor trafficking, we evaluate the
totality of circumstances, including but not limited to evidence that the child
is being controlled by threats of deportation or physical or other types of
harm to the child or the child's family; evidence of withholding or destroying
of the child's legal documents; causing the child or child's family to become
indebted to the trafficker; restricting the child's movement, communication, or
ability to live a normal life; the detrimental nature of the work to the
health, safety, or well-being of the child; or using physical, verbal or sexual
intimidation or other types of manipulation to cause the child to feel helpless
or in fear of the trafficker.
(B)
Labor trafficking does not include normal contribution to family and community
life in light of prevailing community standards, such as performing chores
inside and outside of the house, being required to work in the family business
without pay, working in agriculture or farming as part of the family's business
or means of earning a living, or other forms of labor or services specified
under Texas Labor Code §
51.003.
(2) "Knowingly causing, permitting,
encouraging, engaging in, or allowing"¦" is a condition of the statutory
definition of labor trafficking. It is met whether the child actually engages
in forced labor or services or simply faces a substantial risk of doing
so.
Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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