2023 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.