Human Trafficking and Young People: How CLC Can Help

January is Human Trafficking Prevention Month. Since 2010, every U.S. President has dedicated the month to raising awareness about human trafficking prevention. For many organizations nationwide, including Children’s Law Center, this is a month to refocus on helping survivors move toward health, safety, empowerment, and healing. 

Human trafficking is a significant problem in the region served by CLC. Ohio ranks 6th in the nation for total human trafficking cases. Between 2016 and 2021, the National Human Trafficking Hotline was contacted 7,557 times about human trafficking cases in Ohio. During that same period, 2,661 contacts were made about Kentucky-based cases. This is likely a fraction of all trafficking happening at our doorstep, as experts believe most human trafficking goes unreported.

While sources differ on the exact number of children trafficked in the region or the nation, an estimated 25-50% of survivors were trafficked as minors. Notably, the growth of internet connectivity and mobile devices has increased child-trafficking for more than a decade. A study by the Polaris Project found that children were at especially-greater risk during the COVID-19 pandemic – a period when online sex trafficking increased by 45%. Compared to non-online situations, this online trafficking “involved more minors (55% vs. 24%),” and it was less likely to be reported by “someone with direct knowledge of the situation” (50% vs. 70%).

Where trafficking is identified, survivors may interface with child welfare/protection agencies and with courts, as victims of crime. But, experts from the top national levels also agree: “Child sex trafficking victims are often not recognized as victims and may be arrested and jailed.”

An important part of CLC’s work is to ensure that young survivors of human trafficking are not criminalized and retraumatized by the legal system – that they are not unfairly arrested or incarcerated – and that their rights are protected. CLC has been working in Ohio, in particular, to help individual survivors and to raise community awareness about Ohio’s “Safe Harbor” laws (which protect young trafficking survivors from prosecution and promote support services instead of juvenile/criminal records). Additionally, CLC is part of the Multi-Disciplinary Team for the Hamilton County Juvenile Court Safe Harbor Program, which aims to identify human trafficking survivors under the court’s jurisdiction and to integrate appropriate anti-human-trafficking services, policy, and programming into the juvenile court.

So, does Ohio go far enough to help youth who have experienced human trafficking – and to ensure that youth are not harmed by unnecessary, unfair criminal/juvenile records as a result of their victimization? The state continues to grapple with arrests and prosecutions of children who have been trafficked. For example, recent news media reported that an Ohio father called police to help his 11-year-old daughter, who had been manipulated into sending explicit photos of herself to an adult; unfortunately, the officers suggested charging the 11-year-old for creating child pornography.

Long-lasting solutions will require the collaboration of police, courts, child protection services, community agencies, faith communities, schools, and many others. We must work together to do better for children and families. CLC is grateful to be at the table, inspired to learn more, and eager to help.

 

If you want to learn more, Polaris Project has resources about children who experience human trafficking.

If you or a loved one needs help, you can contact the Human Trafficking Hotline by calling 1-888-373-7888 or texting 233733.

This post was written by Sasha Naiman, CLC Executive Director. As a public-interest attorney and policy advocate, Sasha has deep experience serving vulnerable people in our region. She is especially passionate about providing legal representation, community education, and policy reform for youth in Ohio and Kentucky. Before joining the Children’s Law Center, Sasha was the Deputy Director of the Ohio Justice & Policy Center, where she worked for a decade, represented people in the criminal-legal system, and led organizational operations and strategies.

Sasha has been a member of multiple community and nonprofit Boards in Greater Cincinnati. She received her J.D. from Washington University in St. Louis and her B.A., magna cum laude, in English and Political Science from Boston University. During law school, Sasha worked for the St. Louis Equal Housing Opportunities Council, the Juvenile Rights and Reentry Clinic, and the U.S. Department of Justice’s Access to Justice Initiative (in Washington, D.C).

Celebrating 35 Years of Advocacy: Reflecting on CLC’s Legacy with Founder Kim Tandy

35 years ago, Children's Law Center, Inc. (CLC) opened its doors in Newport, KY. Our founder, Kim Tandy, created this unique organization to protect the rights of vulnerable youth – and with tremendous perseverance, knowledge, and vision, Kim led the organization for more than 28 years.

The initial concept behind CLC grew while Kim was still in law school. She was drawn to the idea of integrating her background in social work into her legal career. “By my last year [of law school] I started thinking, wouldn’t it be great to be able to still deal with children’s advocacy work, but do it through a legal service-type center?” Kim founded CLC when she graduated from Northern Kentucky University’s Salmon P. Chase College of Law in 1989.

Kim set out to serve children, teenagers, and young adults across the child welfare, education, juvenile justice, and criminal justice systems. Since its founding, CLC has served kids in each of these systems through direct legal representation, community education, and policy research and development. 

Creating Impact at the Systems-Level

Kim feels that some of CLC’s best work has been around systemic issues. CLC identifies the places where systems break down by working directly with impacted youth. That’s part of what makes CLC unique. While there are many lawyers who represent youth (e.g., juvenile public defenders and for-hire private attorneys), few other organizations prioritize a specialized, multi-tiered approach to youth law that addresses the individual and the larger picture through policy and systems-level work. CLC has the infrastructure and ability to address systemic reforms—and, Kim says, that’s necessary to create sustainable improvements to better protect young people.

When asked about CLC’s role today, Kim believes the organization’s advocacy for improvements in child-facing systems remains imperative. “Every reform has setbacks, and there are still a lot of needs related to areas where we’ve previously litigated, such as within Ohio’s juvenile prison system,” Kim shares. “There’s a whole new wave of issues to deal with post-COVID with schools and the justice system. We’re still riding the coattails of that.” The recent investigative report about the condition of Ohio’s juvenile prisons and detention facilities only further emphasizes the continued need for systemic reform. (If you missed it, read CLC’s response to the report here.)

Empowering the Next Generation of Youth Advocates

Another highlight for Kim is the Northern Kentucky University Children’s Law Center Clinic, established in 2012 to improve CLC's services in Greater Cincinnati and Northern Kentucky. The Clinic, which is housed on the third floor of CLC’s headquarters in Covington, teaches law students to be strong advocates for children.

When Kim started CLC, children’s litigation “was often limited to mandatory court appointed counsel, and it wasn’t a specialized area.” The experiential opportunities offered to law students through the clinic were foundational in creating a generation of attorneys who had experience with and passion for advocating on behalf of kids. “I can’t tell you how many students—who I really do still keep up with—that have gone on to have wonderful careers as judges, attorneys who practices as public defenders, and attorneys who practice in juvenile settings.”

Then and Now: CLC 35 Years Later

From the beginning, CLC’s key focus was ensuring the rights of young people. “I still feel like the Law Center is the best place to do that through litigation, through advocacy, and by working to support grassroots efforts involving young people,” Kim says.

While child-facing systems have changed, the need for CLC’s services has not diminished since 1989. In fact, in many ways, the need has only grown.

As CLC begins its 35th year, we want to share our gratitude with Kim—not just for making the decision 35 years ago that set us on the path to helping thousands of young people in Kentucky, Ohio, and beyond—but for continuing to be an advocate for CLC to this day.

 Kim Tandy has more than 3 decades’ experience as a lawyer defending the civil rights of children, youth, and adults in the justice system. She was the founder and Executive Director of the Children’s Law Center, Inc. in Covington, Kentucky for 28 years where she successfully litigated numerous class action civil rights cases on behalf of confined youth, or youth otherwise denied their constitutional rights. She has directed communications and policy initiatives around removing youth from adult court and adult facilities, ending solitary confinement practices, and stopping the “school to prison pipeline.”  As the coordinator for the Central Juvenile Defender Center for nearly twenty years, she served as primary investigator and author of state juvenile defense assessments in Ohio, Kentucky, Indiana, Missouri, and Michigan, and has participated in twelve other state assessment teams for The Gault Center. 

Kim has lectured across the country on numerous issues including conditions of confinement, improving juvenile defense, ethical considerations in representing child clients, ending the school to prison pipeline, access to the court issues, and other civil rights matters. She has received awards from the Gault Center, the American Bar Association, the IMPACT fund, and various state and local honors. She now serves as a consultant on a number of criminal and juvenile justice issues through Justice by Design LLC, and was appointed as a federal monitor by the United States District Court in Puerto Rico to monitor conditions in juvenile prisons there.

Kim Tandy is a graduate of Northern Kentucky University (NKU), where she received her B.S. in Social Work in 1978, and her J.D. from the NKU Salmon P. Chase College of Law in 1989.

Children’s Law Center Responds to Dangers in Juvenile Detention Facilities

ICYMI: The USA Today Network released a 12-page special investigation report in the Columbus Dispatch, Akron Beacon Journal, Cincinnati Enquirer, and Canton Repository about Ohio’s juvenile prisons and detention facilities. Kids Behind Bars: Chaos, violence and neglect plague youth prisons and detention centers. Children’s Law Center provided expertise and was consulted throughout the development of the media project. In fact, CLC was mentioned in 3 of the 8 articles in the USA Today report, including several quotes from our Senior Policy Attorney, Leah Winsberg (i.e., What are possible solutions to juvenile prison crisis in Ohio?; Ohio's youth prison, detention centers struggle with injuries, neglect; Ohio law mandates some kids move into a prison system built for adults).

On November 29, 2023, The Columbus Dispatch published a series of Letters to the Editors, addressing the composition of a task force created by Gov. Mike DeWine to address the issues identified through the media project. Both Winsberg and CLC’s Executive Director, Sasha Naiman, contributed with a Letter to the Editor from CLC. To read the whole article, click here. CLC’s contribution is included below.

Gov. Mike DeWine announced a major step in the right direction for juvenile justice in Ohio: a special workgroup tasked with conducting a “thorough, holistic review” to improve youth prisons and county detention centers. This decision comes in response to system-wide juvenile justice failures reported by The Columbus Dispatch, The Cincinnati Enquirer, Akron Beacon Journal, Canton Repository and other USA TODAY Network Ohio newsrooms.

The workgroup will be responsible for issuing recommendations on “youth safety, education, reentry support, and health and mental health services” as well as “staffing levels and staff safety, training, recruitment, and retention” in the facilities. The composition of the workgroup should likewise include members who specialize in these areas. To craft lasting solutions, the leadership must consist of a diverse and interdisciplinary team with expertise in behavioral health, education access, community-based alternatives to prison, reentry, and enforcement of youths’ rights.

DYS was praised a decade ago for implementing a Legal Assistance Program with the Ohio Public Defender’s Office to protect youths’ rights within DYS facilities. The OPD’s perspective is especially critical to addressing core issues raised by the recent 8-month investigation. Likewise, the workgroup would benefit from voices of people who experienced incarceration as youths.

With this exciting step forward, Ohioans deserve diverse, specialized representatives at the table—because our state is serious about solving the problems plaguing youth prisons and detention centers.

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CLC is thrilled that, since the time of submission, additional members have been added to the task force, including: a person with lived experience; a mental health professional; and an expert in community-based programs.