N.Y. Social Services Law § 423-a: Child advocacy centers established

§ 423-a. Child advocacy centers established. 1. The office of children

and family services shall to the greatest extent practicable facilitate

the establishment of child advocacy centers in every region of the state

so that child victims of sexual abuse or serious physical abuse have

reasonable access to such a center and so that their cases are handled

in an expert and timely manner, by a coordinated and cooperative effort

that minimizes trauma to the children and their non-offending family

members. Child advocacy centers shall be established by either a

governmental entity or a private, nonprofit incorporated agency and

shall meet the state office of children and family services program

standards for child advocacy centers approval and strive to co-locate

members of the local multi-disciplinary team at the child advocacy

center.

2. Child advocacy centers may assist in the investigation of child

abuse and maltreatment cases and shall provide at a minimum for the

following:

(a) a comfortable, private setting that is both physically and

psychologically safe for children;

(b) sound program, fiscal and administrative practices;

(c) policies, practices and procedures that are culturally competent;

for the purpose of this paragraph "culturally competent" is defined as

the capacity to function in more than one culture, requiring the ability

to appreciate, understand and interact with members of diverse

populations within the local community;

(d) a multidisciplinary investigative team established pursuant to

subdivision six of section four hundred twenty-three of this article;

(e) a written set of interagency protocols for an interdisciplinary

and coordinated approach to the investigation of child abuse;

(f) forensic interviews to be conducted in a manner which is neutral

and fact-finding and coordinated to avoid duplicative interviewing;

(g) specialized medical evaluation and treatment as part of the

multidisciplinary investigative team response, either at the center or

through coordination with and referral to other appropriate treatment

providers;

(h) specialized mental health services as part of the

multidisciplinary investigative team response, either at the center or

through coordination with and referral to other appropriate treatment

providers;

(i) victim support and advocacy as part of the multidisciplinary team

investigative team response, either at the center or through

coordination with and referral to other appropriate treatment providers;

(j) a routine interdisciplinary case review process for purposes of

decision making, problem solving, systems coordination and information

sharing concerning case status and services needed by the child and

family;

(k) a comprehensive tracking system for monitoring case process and

tracking case outcomes for team members; and

(l) a process for evaluating its effectiveness and its operation.

3. Child advocacy centers may also provide space for medical

evaluation, therapeutic intervention, support services for child abuse

victims and their families, community education about child abuse, and

any other services the center deems critical to the provision of service

to child victims and their families and the multidisciplinary

investigation of abuse allegations.

4. Any child advocacy center established prior to the effective date

of this section shall, within six months of the effective date of this

section, revise its policies and practices to comply with subdivision

two of this section. No organization shall refer to itself as a child

advocacy center unless it complies with this section.

5. (a) The files, reports, records, communications, working papers or

videotaped interviews used or developed in providing services under this

section are confidential. Provided, however, that disclosure may be made

to members of a multidisciplinary investigative team who are engaged in

the investigation of a particular case and who need access to the

information in order to perform their duties for purposes consistent

with this section and to other employees of a child advocacy center who

are involved in tracking cases for the child advocacy center. Disclosure

shall also be made for the purpose of investigation, prosecution and/or

adjudication in any relevant court proceeding or, upon written release

by any non-offending parent, for the purpose of counseling for the child

victim.

(b) Any public or private department, agency or organization may share

with a child advocacy center information that is made confidential by

law when it is needed to provide or secure services pursuant to this

section. Confidential information shared with or provided to a center

remains the property of the providing organization.

(c) The office of children and family services shall have access to

all records created or maintained by a child advocacy center in order to

carry out the responsibilities of that office pursuant to this title.