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 ยง 707.459
Current through Reg. 49, No. 38; September 20, 2024
(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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