New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter K - Victims Of Human Trafficking › Part 765 - Confirmation As A State-confirmed Human Trafficking Victim › Section 765.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
When used in this Part:
(a) The term office shall mean the Office of
		    Temporary and Disability Assistance.
(b) The term division shall mean the Division
		    of Criminal Justice Services.
(c)
		    The term human trafficking victim shall mean a victim of sex trafficking, as
		    defined in section 230.34  of the Penal Law, or a victim of
		    labor trafficking, as defined in section 135.35  of the Penal Law.
(d) The term subject of referral shall mean a
		    human trafficking victim referred by a statutory referral source under section 483 - cc(a) of the Social Services Law to the division and the office for
		    assessment as a State-confirmed human trafficking victim.
(e) The term statutory referral source shall
		    mean either (i) the law enforcement agency or district attorney's office, or
		    (ii) an established provider of social or legal services designated by the
		    office, the Office for the Prevention of Domestic Violence, or the Office of
		    Victim Services that, as soon as practicable after a first encounter with a
		    person who reasonably appears to be a human trafficking victim, refers such
		    human trafficking victim to the division and the office for assessment as a
		    State-confirmed human trafficking victim. Provided however, in the case of an
		    established provider of social or legal services, such established provider
		    shall make such referral if the victim consents to seeking services pursuant to
		    section 483-cc (a)  of the Social Services Law.
(f) The term established provider of social
		    or legal services shall include public agencies, county or municipal
		    governments, or any subdivisions thereof; not-for-profit corporations,
		    including charitable organizations incorporated, registered and in good
		    standing with the charities bureau of the New York State Attorney General's
		    Office; faith-based organizations; and educational institutions.
(g) The term State-confirmed human
		    trafficking victim shall mean a human trafficking victim referred by a
		    statutory referral source who appears to meet the criteria for certification as
		    a victim of a severe form of trafficking in persons pursuant to the federal
		    Trafficking Victims Protection Act set forth in section 7105 of 22 U.S.C.
		    (United States Code Annotated, Title 22, section 7105; Thomson West, West
		    Headquarters, 610 Opperman Drive, Eagan, MN 55123. Copies may be obtained from
		    the Office of Temporary and Disability Assistance, Public Information Office,
		    40 North Pearl Street, Albany, New York 12243-0001) or appears to be otherwise
		    eligible for any Federal, State, or local benefits and services, in the
		    judgment of the division, in consultation with the office and statutory
		    referral source.
(h) The term case
		    management provider shall mean an entity under contract with the office
		    pursuant to section 483-bb (b)  of the Social Services Law to provide services to
		    certain State-confirmed human trafficking victims.