40 Tex. Admin. Code § 707.459 - What is labor trafficking?

(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.

Notes

40 Tex. Admin. Code § 707.459

Adopted by Texas Register, Volume 45, Number 28, July 10, 2020, TexReg 4781, eff. 7/15/2020