2015 New York Laws
SOS - Social Services
Article 6 - CHILDREN
Title 8-A - (447-A - 447-B) 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;
(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 or section 240.37 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 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
  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.