N.Y. Social Services Law § 447-a: Definitions

§ 447-a. Definitions. As used in this title:

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

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 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 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

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 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.