NY Soc Serv L § 447-B (2021)
2021 New York Laws SOS - Social Services Article 6 - Children Title 8-A - Safe Harbour for Exploited Children Act 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.