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