N.Y. Social Services Law § 483-cc: Confirmation as a victim of human trafficking

§ 483-cc. Confirmation as a victim of human trafficking. (a) As soon

as practicable after a first encounter with a person who reasonably

appears to a law enforcement agency, district attorney's office, or an

established provider of social or legal services designated by the

office of temporary and disability assistance, the office for the

prevention of domestic violence or the office of victim services to be a

human trafficking victim, that law enforcement agency or district

attorney's office shall notify the office of temporary and disability

assistance and the division of criminal justice services that such

person may be eligible for services under this article or, in the case

of an established provider of social or legal services, shall notify the

office of temporary and disability assistance and the division of

criminal justice services if such victim consents to seeking services

pursuant to this article.

(b) Upon receipt of such a notification, the division of criminal

justice services, in consultation with the office of temporary and

disability assistance and the referring agency or office, shall make a

preliminary assessment of whether such victim or possible victim appears

to meet the criteria for certification as a victim of a severe form of

trafficking in persons as defined in section 7105 of title 22 of the

United States Code (Trafficking Victims Protection) or appears to be

otherwise eligible for any federal, state or local benefits and

services. If it is determined that the victim appears to meet such

criteria, the office of temporary and disability assistance shall report

the finding to the victim, and to the referring law enforcement agency

or district attorney's office, and may assist that agency or office in

having such victim receive services from a case management provider who

may be under contract with the office of temporary and disability

assistance, or from any other available source. If the victim or

possible victim is under the age of eighteen, the office of temporary

and disability assistance also shall notify the local department of

social services in the county where the child was found.

(c) Promptly upon an encounter with a person who reasonably appears to

a law enforcement agency or district attorney's office to be a human

trafficking victim, or a person who identifies himself or herself as a

human trafficking victim, such law enforcement agency or district

attorney's office shall advise such person of the availability of the

services of specific, established providers of social and legal services

to human trafficking victims. Each local department of social services

shall maintain and shall update, at least once annually, a list of

established providers of social and legal services to human trafficking

victims within the social services district, which shall be provided, at

least once annually, to law enforcement agencies and district attorney's

offices within the district. In order to communicate effectively with

such person, the law enforcement agency or district attorney's office

may provide such individual with a brochure or other written material,

including by informing the individual where such written materials are

available online, translated into the six most common non-English

languages spoken by individuals with limited English proficiency in the

state or in the applicable county, city, or town; provided, however,

where such person is not proficient in one of such languages, the law

enforcement agency or district attorney's office shall make reasonable

efforts to communicate effectively with such person, using an

interpreter or interpretation services, where practicable. Unless, after

receiving such advice, the apparent victim expresses that he or she does

not wish the presence of a representative of such an established

provider of social or legal services, the law enforcement agency or

district attorney's office shall offer to contact the appropriate

provider or providers and connect such provider or providers with the

apparent victim. Nothing in this subdivision shall affect any obligation

such law enforcement agency or district attorney's office may have to

provide any information or assistance to such person.