41 Kids and the Law What if the child is of Native American heritage or descent? The court will ask if the child or a member of the child’s family is of Ameri- can Indian or Native American heritage. This heritage may entitle the family to additional rights. This is information that the child or family should share with the attorney to help the child or family decide whether to try to use these rights. If the court is notified of this heritage, the tribe must then be notified about any child custody proceedings. What is a Sexually Exploited Child? A Sexually Exploited Child is a child younger than 18 who: 1. has been the victim of the crime of sexual servitude or trafficking (that is when a child is forced to or agrees to commit sexual acts for commercial purposes); 2. engages, agrees to engage, or offers to engage in sexual conduct with an- other person in return for a fee or in exchange for food, shelter, clothing, education or care; 3. is a victim of the crime of inducing a minor into prostitution, even if no- body is charged; or 4. engages in common night walking or common streetwalking. Usually, when a child is charged with a prostitution offense, a Care and Protec- tion Petition or CRA application will be filed. If the prosecutor agrees, the pros- titution case can be put on hold while the child gets services. If the child is arraigned on the prostitution charge, the child can then be placed on pre-trial probation. A Guardian ad Litem may be appointed for the child. Who can file a CRA Sexually Exploited Child application? If the parent or guardian or police officer believes a child is being sexually ex- ploited, they can file a CRA application. In addition, mandated reporters must file a 51A report (see Chapter 5) when they have reason to believe that a child is being sexually exploited or is a victim of human trafficking for sexual servitude. Child Requiring Assistance 4