Effective Date: Immediately

PAM Chapters: 3000, 4000, 5000, 7000, and 11000;

FSCH Chapter: 3000

OAC Rules: 5101:1-2-30, 5101:1-2-301 and 5101:4-3-06

Reason for Change: The Trafficking Victims Protection Act of 2000, Pub. L. No. 106-386, Division A, 114 Stat.1464 (2000), makes adult victims of severe forms of trafficking who have been certified by the U.S. Department of Health and Human Services (HHS) eligible for benefits and services to the same extent as an alien who is admitted to the United States as a refugee under Section 207 of the Immigration and Nationality Act (INA). Victims of severe forms of trafficking who are under age 18 are also eligible for benefits to the same extent as refugees, but do not need to be certified.

Under section 103 (8) of the Act, the term "severe forms of trafficking in persons" means:

(A)sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or,

(B)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.

The Trafficking Victims Protection Act aims to combat trafficking through increased law enforcement, to ensure effective punishment of traffickers, to protect victims and to provide Federal and State assistance to victims. This ACT shall contain the procedure for county departments of job and family services (CDJFS) to follow and the acceptable documentation in determining eligibility for benefits.

The Trafficking Victims Protection Act of 2000 was enacted in October 2000, and the regulations explained above are now in effect. The federal guidance on this topic has just been issued and because the regulations are currently in effect we are issuing this ACT/FACT with an immediate effective date. The OAC rules listed on the front page will be placed in departmental clearance.

Prior Policy: None

New Policy: HHS' Office of Refugee Resettlement (ORR) will make certification determinations and issue letters of certification for adult victims of severe forms of trafficking. Children under 18 years of age who are determined to have been subjected to a severe form of trafficking do not need to be certified in order to receive benefits. ORR will issue letters, similar to the adult certification letters, stating that a child is a victim of a severe form of trafficking. Victims of severe forms of trafficking are eligible for benefits and services to the same extent as refugees under section 207 of the INA. Other agencies may issue letters or other documents to victims of severe forms of trafficking. However, only the ORR certification letter or letter for children may be accepted as proof of certification.

Action Required: CDJFS shall follow their regular procedures for refugees and treat the victim of a severe form of trafficking the same as a refugee. However, instead of requiring Immigration and Naturalization Service (INS) documentation, such as the I-94 Arrival/Departure Card, a certification letter or letter for children shall be accepted as proof of status that confers eligibility for benefits. Sample copies of letters are attached. Please note that the signature and make-up of these letters may change in the coming months. When a victim of a severe form of trafficking applies for benefits, the CDJFS shall:

(A)Accept the original certification letter or letter for children in place of the INS documentation. A photocopy should be retained for the case file and the original returned to the applicant. Victims of severe forms of trafficking are not required to provide any immigration documents to receive benefits.

(B)Call the trafficking verification line to confirm validity of the certification letter. The certification letter for adults and the letter for children have a phone number to call to verify their validity. The CDJFS must call the trafficking verification line at (202) 401-5510 for verification before providing benefits. During the verification phone call, the CDJFS must notify ORR of the benefits for which the victim of trafficking has applied.

Note:At this time, the INS Systematic Alien Verification for Entitlements (SAVE) program does not contain information about victims of severe forms of trafficking. ORR is working with INS on this issue and further instructions will be released as soon as possible. Until further notice, the CDJFS shall not contact the SAVE system to confirm eligibility for benefits for victims of a severe form of trafficking.

(C)Confirm identity. When confirming identity, many victims of severe forms of trafficking do not yet possess standard identity documents, such as driver's licenses. If confirming identity in these cases is difficult, the CDJFS shall not automatically deny the application, but shall call the trafficking verification line as listed above for assistance.

(D)Assist in obtaining a social security number. CDJFS shall not delay, deny, or discontinue assistance to any eligible applicant because he or she does not have a social security number. If an individual is required to provide or apply for a social security number for another benefit program, such as Medicaid, Ohio Works First (OWF) or food stamps; or the victim of severe forms of trafficking does not yet have or is unable to obtain a social security number for work purposes, assistance must be given to these individuals in obtaining non-work social security numbers as delineated below.

The individual will need to present a letter to the Social Security Administration (SSA) from the CDJFS that:

(1)is on letterhead;

(2)includes the applicant's name;

(3)references the non-work reason for which the number is required; and,

(4)states that the applicant meets the requirements to receive the benefit except for the social security number.

The letter cannot be a generic application, form letter or photo copy.

(E)Note the "entry date" for refugee benefits purposes. Once the certification letter or letter for children is received and the validity of the document is verified by calling the trafficking verification line, the CDJFS shall note the individual's "entry date" for refugee benefit purposes. The entry date is the date of certification. The certification date appears in the body of the certification letter or letter for children.

(F)Record the expiration date. The certification letter and the letter for children contain expiration dates. At this time, the expiration dates are eight months from the initial certification date. The CDJFS shall record the expiration date and a reapplication must be completed at the end of the eight-month period. ORR intends to issue follow-up certification letters if individuals continue to meet the statutory certification requirements.

(G)Issue benefits. If the applicant meets other program eligibility criteria (e.g., income levels), the individual should receive benefits and services to the same extent as a refugee.

CRIS-E Processing: Manual budgeting must be completed. CDJFS shall fiat the individuals's eligibility to pass on AEWIF and the assistance group on AEWFT.

Individuals Without Certification

If a CDJFS encounters an individual that is believed to meet the definition of a victim of a severe form of trafficking, but the individual has no certification, the CDJFS should call Michael Jewell at (202) 401-4561 or Neil Kromash at (202) 401-5702. If the agency encounters a child believed to have been subjected to a severe form of trafficking and lacks a letter for children, the agency should call Loren Bussert at (202) 401-4732.

This policy will be incorporated in a future Manual Transmittal Letter.

Attachments

Click here to view the ORR Certification Letter.

Click here to view the ORR Letter for Children.