§ 447-A — Definitions

New York § 447-A

• Jurisdiction: New York
• Law SOS: Social Services
• Title 8-A: Safe Harbour For Exploited Children Act
• Art. 6: Children

Text

§ 447-a. Definitions. As used in this title:\n 1. The term "sexually exploited child" means any person under the age\nof eighteen who has been subject to sexual exploitation because he or\nshe:\n (a) is the victim of the crime of sex trafficking as defined in\nsection 230.34 of the penal law or the crime of sex trafficking of a\nchild as defined in section 230.34-a of the penal law;\n (b) engages in any act as defined in section 230.00 of the penal law;\n (c) is a victim of the crime of compelling prostitution as defined in\nsection 230.33 of the penal law;\n (d) engages in acts or conduct described in article two hundred\nsixty-three of the penal law.\n 2. The term "short-term safe house" means a residential facility\noperated by an authorized agency as defined in subdivision ten of\nsection three hundred seventy-one of this article including a\nresidential facility operating as part of a runaway and homeless youth\ncrisis services program as defined in subdivision four of section five\nhundred thirty-two-a of the executive law or a not-for-profit agency\nwith experience in providing services to sexually exploited youth and\napproved in accordance with the regulations of the office of children\nand family services that provides emergency shelter, services and care\nto sexually exploited children including food, shelter, clothing,\nmedical care, counseling and appropriate crisis intervention services at\nthe time they are taken into custody by law enforcement and for the\nduration of any legal proceeding or proceedings in which they are either\nthe complaining witness or the subject child. The short-term safe house\nshall also be available at the point in time that a child under the age\nof eighteen has first come into the custody of juvenile detention\nofficials, law enforcement, local jails or the local commissioner of\nsocial services or is residing with the local runaway and homeless youth\nauthority.\n 3. The term "advocate" means an employee of the short-term safe house\ndefined in subdivision two of this section that has been trained to work\nwith and advocate for the needs of sexually exploited children. The\nadvocate shall accompany the child to all court appearances and will\nserve as a liaison between the short-term safe house and the court.\n 4. The term "safe house" means a residential facility operated by an\nauthorized agency as defined in subdivision ten of section three hundred\nseventy-one of this article including a residential facility operating\nas part of an approved runaway program as defined in subdivision four of\nsection five hundred thirty-two-a of the executive law or a\nnot-for-profit agency with experience in providing services to sexually\nexploited youth and approved in accordance with the regulations of the\noffice of children and family services that provides shelter for\nsexually exploited children. In addition, a long-term safe house may be\noperated by a transitional independent living support program as defined\nin subdivision six of section five hundred thirty-two-a of the executive\nlaw. A safe house serving sexually exploited children as defined in this\ntitle shall provide or assist in securing necessary services for such\nsexually exploited children either through direct provision of services,\nor through written agreements with other community and public agencies\nfor the provision of services including but not limited to housing,\nassessment, case management, medical care, legal, mental health and\nsubstance and alcohol abuse services. Where appropriate such safe house\nin accordance with a service plan for such sexually exploited child may\nalso provide counseling and therapeutic services, educational services\nincluding life skills services and planning services to successfully\ntransition residents back to the community. Nothing in the provisions of\nthis title or article nineteen-H of the executive law shall prevent a\nchild who is the subject of a proceeding which has not reached final\ndisposition from residing at the safe house for the duration of that\nproceeding nor shall it prevent any sexually exploited child who is not\nthe subject of a proceeding from residing at the safe house. An advocate\nemployed by a short-term safe house or other appropriate staff of a\nshort-term safe house shall, to the maximum extent possible, preferably\nwithin twenty-four hours but within no more than seventy-two hours\nfollowing a sexually exploited child's admission into the program other\nthan pursuant to a court order, notify such child's parent, guardian or\ncustodian of his or her physical and emotional condition and the\ncircumstances surrounding the child's presence at the program, unless\nthere are compelling circumstances why the parent, guardian or custodian\nshould not be so notified. Where such circumstances exist, the advocate\nor other appropriate staff member shall either file an appropriate\npetition in the family court, refer the youth to the local social\nservices district, or in instances where abuse or neglect is suspected,\nreport such case pursuant to title six of this article.\n 5. The term "community-based program" means a program operated by a\nnot-for-profit organization that provides services such as street\noutreach, voluntary drop-in services, peer counseling, individual\ncounseling, family-therapy and referrals for services such as\neducational and vocational training and health care. Any such\ncommunity-based program may also work with the safe house serving\nsexually exploited children as defined in this title to provide\ntransitional services to such children returning to the community.\n