N.Y.
Social Services Law Section 447-A
Definitions
1.
The term “sexually exploited child” means any person under the age of eighteen who has been subject to sexual exploitation because he or she:(a)
is the victim of the crime of sex trafficking as defined in section 230.34 of the penal law or the crime of sex trafficking of a child as defined in section 230.34-a of the penal law;(b)
engages in any act as defined in section 230.00 of the penal law;(c)
is a victim of the crime of compelling prostitution as defined in section 230.33 of the penal law;(d)
engages in acts or conduct described in article two hundred sixty-three of the penal law.2.
The term “short-term safe house” means a residential facility operated by an authorized agency as defined in subdivision ten of § 371 (Definitions Unless the context or the subject matter manifestly requires a different interpretation, when used in this article or in any ...)section three hundred seventy-one of this article including a residential facility operating as part of a runaway and homeless youth crisis services program as defined in subdivision four of Executive Law § 532-A (Definitions)section five hundred thirty-two-a of the executive law or a not-for-profit agency with experience in providing services to sexually exploited youth and approved in accordance with the regulations of the office of children and family services that provides emergency shelter, services and care to sexually exploited children including food, shelter, clothing, medical care, counseling and appropriate crisis intervention services at the time they are taken into custody by law enforcement and for the duration of any legal proceeding or proceedings in which they are either the complaining witness or the subject child. The short-term safe house shall also be available at the point in time that a child under the age of eighteen has first come into the custody of juvenile detention officials, law enforcement, local jails or the local commissioner of social services or is residing with the local runaway and homeless youth authority.3.
The term “advocate” means an employee of the short-term safe house defined in subdivision two of this section that has been trained to work with and advocate for the needs of sexually exploited children. The advocate shall accompany the child to all court appearances and will serve as a liaison between the short-term safe house and the court.4.
The term “safe house” means a residential facility operated by an authorized agency as defined in subdivision ten of § 371 (Definitions Unless the context or the subject matter manifestly requires a different interpretation, when used in this article or in any ...)section three hundred seventy-one of this article including a residential facility operating as part of an approved runaway program as defined in subdivision four of Executive Law § 532-A (Definitions)section five hundred thirty-two-a of the executive law or a not-for-profit agency with experience in providing services to sexually exploited youth and approved in accordance with the regulations of the office of children and family services that provides shelter for sexually exploited children. In addition, a long-term safe house may be operated by a transitional independent living support program as defined in subdivision six of Executive Law § 532-A (Definitions)section five hundred thirty-two-a of the executive law. A safe house serving sexually exploited children as defined in this title shall provide or assist in securing necessary services for such sexually exploited children either through direct provision of services, or through written agreements with other community and public agencies for the provision of services including but not limited to housing, assessment, case management, medical care, legal, mental health and substance and alcohol abuse services. Where appropriate such safe house in accordance with a service plan for such sexually exploited child may also provide counseling and therapeutic services, educational services including life skills services and planning services to successfully transition residents back to the community. Nothing in the provisions of this title or article nineteen-H of the executive law shall prevent a child who is the subject of a proceeding which has not reached final disposition from residing at the safe house for the duration of that proceeding nor shall it prevent any sexually exploited child who is not the subject of a proceeding from residing at the safe house. An advocate employed by a short-term safe house or other appropriate staff of a short-term safe house shall, to the maximum extent possible, preferably within twenty-four hours but within no more than seventy-two hours following a sexually exploited child’s admission into the program other than pursuant to a court order, notify such child’s parent, guardian or custodian of his or her physical and emotional condition and the circumstances surrounding the child’s presence at the program, unless there are compelling circumstances why the parent, guardian or custodian should not be so notified. Where such circumstances exist, the advocate or other appropriate staff member shall either file an appropriate petition in the family court, refer the youth to the local social services district, or in instances where abuse or neglect is suspected, report such case pursuant to title six of this article.5.
The term “community-based program” means a program operated by a not-for-profit organization that provides services such as street outreach, voluntary drop-in services, peer counseling, individual counseling, family-therapy and referrals for services such as educational and vocational training and health care. Any such community-based program may also work with the safe house serving sexually exploited children as defined in this title to provide transitional services to such children returning to the community.
Source:
Section 447-A — Definitions, https://www.nysenate.gov/legislation/laws/SOS/447-A (updated Feb. 5, 2021; accessed Oct. 26, 2024).
