2012 New York Consolidated Laws
SOS - Social Services
Article 6 - CHILDREN
Title 8-A - (447-A - 447-B) 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.