§ 447-B — Services for exploited children

§ 447-b. Services for exploited children. 1. Notwithstanding any\ninconsistent provision of law, pursuant to regulations of the office of\nchildren and family services, every local social services district shall\nas a component of the district's multi-year consolidated services child\nwelfare services plan address the child welfare services needs of\nsexually exploited children and to the extent that funds are available\nspecifically therefor ensure that a short-term safe house or another\nshort-term safe placement such as an approved runaway and homeless youth\nprogram, approved respite or crisis program providing crisis\nintervention or respite services or community-based program to serve\nsexually exploited children is available to children residing in such\ndistrict. Nothing in this section shall prohibit a local social services\ndistrict from utilizing existing respite or crisis intervention services\nalready operated by such social services district or homeless youth\nprograms or services for victims of human trafficking pursuant to\narticle ten-D of this chapter so long as the staff members have received\nappropriate training approved by the office of children and family\nservices regarding sexually exploited children and the existing programs\nand facilities provide a safe, secure and appropriate environment for\nsexually exploited children. Crisis intervention services, short-term\nsafe house care and community-based programming may, where appropriate,\nbe provided by the same not-for-profit agency. Local social services\ndistricts may work cooperatively to provide such short-term safe house\nor other short-term safe placement, services and programming and access\nto such placement, services and programming may be provided on a\nregional basis, provided, however, that every local social services\ndistrict shall to the extent that funds are available ensure that such\nplacement, services and programs shall be readily accessible to sexually\nexploited children residing within the district.\n 2. All of the services created under this title may, to the extent\npossible provided by law, be available to all sexually exploited\nchildren whether they are accessed voluntarily, as a condition of an\nadjournment in contemplation of dismissal issued in criminal court,\nthrough the diversion services created under section seven hundred\nthirty-five of the family court act, through a proceeding under article\nthree of the family court act, a proceeding under article ten of the\nfamily court act or through a referral from a local social services\nagency.\n 3. The capacity of the crisis intervention services and\ncommunity-based programs in subdivision one of this section shall be\nbased on the number of sexually exploited children in each district who\nare in need of such services. A determination of such need shall be made\nin two thousand ten and every five years thereafter in every social\nservices district by the local commissioner of social services and be\nincluded in the integrated county plan. Such determination shall be made\nin consultation with local law enforcement, runaway and homeless youth\nprogram providers, local probation departments, local social services\ncommissioners, the runaway and homeless youth coordinator for the local\nsocial services district, local law guardians, presentment agencies,\npublic defenders and district attorney's offices and child advocates and\nservices providers who work directly with sexually exploited youth.\n 4. In determining the need for and capacity of the services created\nunder this section, each local social services district shall recognize\nthat sexually exploited youth have separate and distinct service needs\naccording to gender and, where a local social services district\ndetermines that the need exists, to the extent that funds are available,\nappropriate programming shall be made available.\n 5. To the extent funds are specifically appropriated therefor, the\noffice of children and family services shall contract with an\nappropriate not-for-profit agency with experience working with sexually\nexploited children to operate at least one long-term safe house in a\ngeographically appropriate area of the state which shall provide safe\nand secure long term housing and specialized services for sexually\nexploited children throughout the state. The appropriateness of the\ngeographic location shall be determined taking into account the areas of\nthe state with high numbers of sexually exploited children and the need\nfor sexually exploited children to find shelter and long term placement\nin a region that cannot be readily accessed by the perpetrators of\nsexual exploitation. The need for more than one long-term safe house\nshall be determined by the office of children and family services based\non the numbers and geographical location of sexually exploited children\nwithin the state. Nothing herein shall be construed to preclude an\nagency from applying for and accepting grants, gifts and bequests of\nfunds from private individuals, foundations and the federal government\nfor the purpose of creating or carrying out the duties of a long-term\nsafe house.\n 6. The local social services commissioner may, to the extent that\nfunds are available, in conjunction with the division of criminal\njustice services and local law enforcement officials, contract with an\nappropriate not-for-profit agency with experience working with sexually\nexploited children to train law enforcement officials who are likely to\nencounter sexually exploited children in the course of their law\nenforcement duties on the provisions of this section and how to identify\nand obtain appropriate services for sexually exploited children. Local\nsocial services districts may work cooperatively to provide such\ntraining and such training may be provided on a regional basis. The\ndivision of criminal justice services shall assist local social services\ndistricts in obtaining any available funds for the purposes of\nconducting law enforcement training from the federal justice department\nand the office of juvenile justice and delinquency prevention.\n