The New York State Office of Temporary and Disability Assistance (OTDA) can take steps to improve its efforts to ensure survivors of human trafficking receive the services and assistance available to them, according to an audit released today by New York State Comptroller Thomas P. DiNapoli.

“Survivors of human trafficking face physical, emotional and financial trauma,” DiNapoli said. “Programs exist to assist with shelter, medical and mental health care and legal services, but better monitoring of social services offices and service providers by OTDA, along with better data collection, can help eliminate barriers to assistance and support for victims.”

Human trafficking is the unlawful act of transporting or the use of force, fraud or coercion to make someone engage in commercial sex or other forms of forced labor. OTDA’s Response to Human Trafficking Program (RHTP), can refer state confirmed trafficking victims to local Department of Social Services (DSS) offices for public benefits or providers, often nonprofits, who can assist with case management, legal services, health care or mental health counseling, and assistance with housing, food, or other needed services. The Program is voluntary, however, and many survivors do not use the services available to them, the audit found.

From January 2019 to October 2023, there were 1,384 confirmed human trafficking survivors, 64% were referred to DSS offices and 36% were referred to area service providers.

Limited Monitoring and Data Collection 

OTDA needs to do more to collect and retain data on whether human trafficking survivors are taking advantage of the assistance available to them from social service offices or provider services. For instance, auditors found that OTDA doesn’t collect or maintain records on which social service office or provider a survivor goes to, and it cannot confirm which services are most or least utilized by confirmed survivors.

Auditors found 74 of 139 (53%) human trafficking survivors referred to a social services office did not contact them. As a result, they did not pursue programs that could have potentially helped them.

Auditors also found OTDA does not track if survivors who go to a social services office are also connected to a provider for additional help. Better data collection would allow OTDA to more effectively monitor, evaluate and improve the RHTP.

Oversight and Documentation Issues 

Auditors reviewed 58 case files and found they were missing essential documentation such as case management plans, signed applications for services, health assessment offers and/or assessments and needs assessments. Providers said they often did not have clear guidance from OTDA on required documentation and experienced frequent turnover among case management teams. Better communication and guidance from OTDA would help providers understand RHTP’s goals and help OTDA better assess and improve the program’s performance.

Delays With Referrals and Confirmations 

Delays in critical services or benefits can lead survivors to be more hesitant or not pursue assistance. Under state law, OTDA and Division of Criminal Justice Services (DCJS) have six days to determine if a survivor meets certain human trafficking criteria and issue a confirmation letter. From January 2019 to October 2023, OTDA and DCJS confirmed 1,384 survivors in about 5.2 days and referred 64% to social services offices and 36% to area providers. However, auditors found 23% of the survivor’s confirmation determinations exceeded the six-day requirement with some taking OTDA more than 15 days on average from referral to confirmation. OTDA said they pause the timeframe when requesting more information, but in five cases reviewed by auditors, OTDA did not appear to make requests for additional information.

Unclear Communication 

Auditors found that OTDA did not provide clear guidance to state contracted service providers regarding several aspects of the program, including the use of state funds to support survivors. Auditors found only 39% of funds allocated to 11 providers was used as of June 2024 – approximately three years into their five-year contracts. In addition, officials at one provider said they did not refer human trafficking survivors to OTDA because they did not understand RHTP’s benefits and were instead using other funding streams to help them. Auditors found OTDA did not inform the provider of the benefits available to confirmed survivors until its staff visited in February of 2024. As a result, the provider underutilized state funding, spending only $254,722 (25%) of its $1 million award as of June 2024, halfway through their OTDA contract ending in September of 2026.

DiNapoli’s audit recommends OTDA:

• Improve data collection and monitoring to more effectively evaluate the RHTP.
• Provide better guidance and communication to service providers to ensure RHTP’s goals are met.
• Ensure duties and responsibilities are effectively communicated to staff at local DSS offices so they better understand their role in the RHTP.

In response, OTDA generally disagreed with the audit’s findings and recommendations and noted that the COVID-19 pandemic limited travel and face to face contact and led to provider staffing shortages.

Audit 
Office of Temporary and Disability Assistance Response to Human Trafficking