In the 30th Circuit Court, we have youth on our docket who we
think were victims of human trafficking for commercial sexual activity. We developed a specialty docket – “Phoenix
Court” – with a treatment plan and treatment team to address the unique needs
of young trafficking victims in a holistic way.
The mission of Phoenix Court is to address the needs of youth
who have experienced sexual trauma and exploitation by offering services and
opportunities to foster healing, resiliency, empowerment, and stability. We assembled a talented treatment team of professionals
from our court, the Department of Health and Human Services (DHHS), and
community service providers. We have
cultivated a supportive and nurturing courtroom and treatment environment where
these youth are viewed as victims, and not offenders, and where the court and
the treatment team understand that bad behavior can be a manifestation of
trauma. Our goal is to provide the youth
with an alternative view of their potential and what is possible in their lives
so they will have an opportunity to do more in life than simply survive.
Prior to establishing Phoenix Court, we had formed a Human
Trafficking Workgroup, which included members of law enforcement and other
community partners. Concurrently, the Governor’s
Task Force on Child Abuse and Neglect addressed the issue of human
trafficking by making changes to child protection laws. These changes enable courts to assume
jurisdiction over a youth and their parents to provide services and treatment without
petitioning the youth into court as a delinquent or naming his or her parents
as respondents in a neglect case.
Phoenix Court also has participants who had open delinquency
cases for reasons unrelated to having been trafficked or who came to the
attention of the court through our Truancy Court.
Youth who have been trafficked do not look like
stereotypical victims. They are not weak
and helpless, but are strong. They have
had experiences in their young lives where being a survivor has been one of
their greatest attributes. Phoenix Court
is designed to partner with these kids by drawing on their strength and
resiliency in their treatment. Because
we are not rescuing them, we are able to make them partners in their own
treatment by empowering them through respectful and dignified treatment,
and by being trustworthy adults.
The entire Phoenix Court team, including the judge, shows
compassion and understanding when listening to each victim’s story. Children who have been trafficked have many challenging
behaviors; in addition to not seeing themselves as victims they do not want to disclose
information about their exploitation, they tend to run away, self-medicate or self-harm,
and to exhibit anger and sadness. They
often see their trafficker as a friend, supporter, or intimate partner.
We administer a standardized assessment instrument, the Commercial
Sexual Exploitation Identification Tool (CSE-IT, pronounced “See-It”) to
help determine the likelihood that the youth has been trafficked so we do not inappropriately
offer treatment to youth. The tool is
also used to screen youth already under the jurisdiction of the court for
delinquency who are not reporting exploitation but exhibit characteristics of
trafficking, like having multiple cell phones and/or a history of running away
for periods of time then coming home with unexplained clothing and grooming
items or other items of value.
We consider behaviors from a trauma-informed framework. The use of sanctions – not punishment – is
limited to times when the youth has made willful choices contrary to court expectations
that endanger his or her safety. Efforts
toward safe behavior are rewarded and celebrated by the team. All progress is celebrated by the team with
the award of stickers recognizing progress in four behavioral domains:
community, treatment, school, and home. Stickers
are emojis of the judge saying encouraging things to participants. The judge emoji stickers are very popular and
a reminder that we are dealing with young people who still enjoy collecting
stickers. Achievement is celebrated with
“wings” representing the youth’s flight to success. Wings are reward cards that can be redeemed
for small prizes like movie tickets, candy, or money credits.
Because of the nature of the youths’ trauma, we expect
setbacks, which we call “Pit Stops.” Pit
Stops provide opportunities for youth to reflect on unsafe choices and for the
treatment team to reiterate the expectations and requirements of Phoenix Court.
Phoenix Court was established in November 2017. By its nature, progress is expected to be
slow. It is likely that the full measure
of Phoenix Court success will not be realized until these kids reach
adulthood. Our immediate measure of
success is whether the child appears to be internalizing what he or she is
being taught. We have had success with
some parents who, while initially opposed to Phoenix Court, are now supportive
and cooperative. Despite expected Pit
Stops, most of the youth are positive about Phoenix Court and are engaged in
their treatment even when they experience Pit Stops.
Michigan State University is evaluating our data to make certain we are correctly
identifying and treating participants in Phoenix Court. This assessment of our effectiveness will allow
us to tweak our treatment methods as needed.
In the future we hope to develop peer mentorships between previously
successful Phoenix Court youth and those who are new to Phoenix Court.
Overall, this court is challenging and labor-intensive, but
early indications show great benefits to the participants.
Judge Laura Baird was elected to the Ingham County Circuit Court bench in 2000 and has been serving since she was sworn-in January 2001 in the Family Division. Prior to her election she was a State Legislator and a County Commissioner. Additionally she maintained a private practice with her husband, Baird & Zulakis, PC, prior to her election to the bench. She has served on numerous community boards and legal organizations and as President of Michigan Judges Association.