N.Y. Social Services Law § 447-b: Services for exploited children

§ 447-b. Services for exploited children. 1. Notwithstanding any

inconsistent provision of law, pursuant to regulations of the office of

children and family services, every local social services district shall

as a component of the district's multi-year consolidated services child

welfare services plan address the child welfare services needs of

sexually exploited children and to the extent that funds are available

specifically therefor ensure that a short-term safe house or another

short-term safe placement such as an approved runaway and homeless youth

program, approved respite or crisis program providing crisis

intervention or respite services or community-based program to serve

sexually exploited children is available to children residing in such

district. Nothing in this section shall prohibit a local social services

district from utilizing existing respite or crisis intervention services

already operated by such social services district or homeless youth

programs or services for victims of human trafficking pursuant to

article ten-D of this chapter so long as the staff members have received

appropriate training approved by the office of children and family

services regarding sexually exploited children and the existing programs

and facilities provide a safe, secure and appropriate environment for

sexually exploited children. Crisis intervention services, short-term

safe house care and community-based programming may, where appropriate,

be provided by the same not-for-profit agency. Local social services

districts may work cooperatively to provide such short-term safe house

or other short-term safe placement, services and programming and access

to such placement, services and programming may be provided on a

regional basis, provided, however, that every local social services

district shall to the extent that funds are available ensure that such

placement, services and programs shall be readily accessible to sexually

exploited children residing within the district.

2. All of the services created under this title may, to the extent

possible provided by law, be available to all sexually exploited

children whether they are accessed voluntarily, as a condition of an

adjournment in contemplation of dismissal issued in criminal court,

through the diversion services created under section seven hundred

thirty-five of the family court act, through a proceeding under article

three of the family court act, a proceeding under article ten of the

family court act or through a referral from a local social services

agency.

3. The capacity of the crisis intervention services and

community-based programs in subdivision one of this section shall be

based on the number of sexually exploited children in each district who

are in need of such services. A determination of such need shall be made

in two thousand ten and every five years thereafter in every social

services district by the local commissioner of social services and be

included in the integrated county plan. Such determination shall be made

in consultation with local law enforcement, runaway and homeless youth

program providers, local probation departments, local social services

commissioners, the runaway and homeless youth coordinator for the local

social services district, local law guardians, presentment agencies,

public defenders and district attorney's offices and child advocates and

services providers who work directly with sexually exploited youth.

4. In determining the need for and capacity of the services created

under this section, each local social services district shall recognize

that sexually exploited youth have separate and distinct service needs

according to gender and, where a local social services district

determines that the need exists, to the extent that funds are available,

appropriate programming shall be made available.

5. To the extent funds are specifically appropriated therefor, the

office of children and family services shall contract with an

appropriate not-for-profit agency with experience working with sexually

exploited children to operate at least one long-term safe house in a

geographically appropriate area of the state which shall provide safe

and secure long term housing and specialized services for sexually

exploited children throughout the state. The appropriateness of the

geographic location shall be determined taking into account the areas of

the state with high numbers of sexually exploited children and the need

for sexually exploited children to find shelter and long term placement

in a region that cannot be readily accessed by the perpetrators of

sexual exploitation. The need for more than one long-term safe house

shall be determined by the office of children and family services based

on the numbers and geographical location of sexually exploited children

within the state. Nothing herein shall be construed to preclude an

agency from applying for and accepting grants, gifts and bequests of

funds from private individuals, foundations and the federal government

for the purpose of creating or carrying out the duties of a long-term

safe house.

6. The local social services commissioner may, to the extent that

funds are available, in conjunction with the division of criminal

justice services and local law enforcement officials, contract with an

appropriate not-for-profit agency with experience working with sexually

exploited children to train law enforcement officials who are likely to

encounter sexually exploited children in the course of their law

enforcement duties on the provisions of this section and how to identify

and obtain appropriate services for sexually exploited children. Local

social services districts may work cooperatively to provide such

training and such training may be provided on a regional basis. The

division of criminal justice services shall assist local social services

districts in obtaining any available funds for the purposes of

conducting law enforcement training from the federal justice department

and the office of juvenile justice and delinquency prevention.