2020 New York Laws
SOS - Social Services
Article 6 - Children
Title 6 - Child Protective Services
423-A - Child Advocacy Centers Established.

§ 423-a. Child advocacy centers established. 1. The office of children
and  family services shall to the greatest extent practicable facilitate
the establishment of child advocacy centers in every region of the state
so that child victims of sexual abuse or  serious  physical  abuse  have
reasonable  access  to such a center and so that their cases are handled
in an expert and timely manner, by a coordinated and cooperative  effort
that  minimizes  trauma  to  the children and their non-offending family
members. Child  advocacy  centers  shall  be  established  by  either  a
governmental  entity  or  a  private,  nonprofit incorporated agency and
shall meet the state office of  children  and  family  services  program
standards  for  child  advocacy centers approval and strive to co-locate
members of the local  multi-disciplinary  team  at  the  child  advocacy
center.
  2.  Child  advocacy  centers  may assist in the investigation of child
abuse and maltreatment cases and shall provide  at  a  minimum  for  the
following:
  (a)  a  comfortable,  private  setting  that  is  both  physically and
psychologically safe for children;
  (b) sound program, fiscal and administrative practices;
  (c) policies, practices and procedures that are culturally  competent;
for  the  purpose of this paragraph "culturally competent" is defined as
the capacity to function in more than one culture, requiring the ability
to  appreciate,  understand  and  interact  with  members   of   diverse
populations within the local community;
  (d)  a  multidisciplinary  investigative  team established pursuant to
subdivision six of section four hundred twenty-three of this article;
  (e) a written set of interagency protocols  for  an  interdisciplinary
and coordinated approach to the investigation of child abuse;
  (f)  forensic  interviews to be conducted in a manner which is neutral
and fact-finding and coordinated to avoid duplicative interviewing;
  (g) specialized medical  evaluation  and  treatment  as  part  of  the
multidisciplinary  investigative  team response, either at the center or
through coordination with and referral to  other  appropriate  treatment
providers;
  (h)    specialized   mental   health   services   as   part   of   the
multidisciplinary investigative team response, either at the  center  or
through  coordination  with  and referral to other appropriate treatment
providers;
  (i) victim support and advocacy as part of the multidisciplinary  team
investigative   team   response,   either   at  the  center  or  through
coordination with and referral to other appropriate treatment providers;
  (j) a routine interdisciplinary case review process  for  purposes  of
decision  making,  problem solving, systems coordination and information
sharing concerning case status and services  needed  by  the  child  and
family;
  (k)  a  comprehensive  tracking system for monitoring case process and
tracking case outcomes for team members; and
  (l) a process for evaluating its effectiveness and its operation.
  3.  Child  advocacy  centers  may  also  provide  space  for   medical
evaluation,  therapeutic  intervention, support services for child abuse
victims and their families, community education about child  abuse,  and
any other services the center deems critical to the provision of service
to   child   victims   and  their  families  and  the  multidisciplinary
investigation of abuse allegations.
  4. Any child advocacy center established prior to the  effective  date
of  this  section shall, within six months of the effective date of this
section, revise its policies and practices to  comply  with  subdivision

two  of  this  section. No organization shall refer to itself as a child
advocacy center unless it complies with this section.
  5.  (a) The files, reports, records, communications, working papers or
videotaped interviews used or developed in providing services under this
section are confidential. Provided, however, that disclosure may be made
to members of a multidisciplinary investigative team who are engaged  in
the  investigation  of  a  particular  case  and  who need access to the
information in order to perform their  duties  for  purposes  consistent
with  this section and to other employees of a child advocacy center who
are involved in tracking cases for the child advocacy center. Disclosure
shall also be made for the purpose of investigation, prosecution  and/or
adjudication  in  any relevant court proceeding or, upon written release
by any non-offending parent, for the purpose of counseling for the child
victim.
  (b) Any public or private department, agency or organization may share
with a child advocacy center information that is  made  confidential  by
law  when  it  is  needed to provide or secure services pursuant to this
section. Confidential information shared with or provided  to  a  center
remains the property of the providing organization.
  (c)  The  office  of children and family services shall have access to
all records created or maintained by a child advocacy center in order to
carry out the responsibilities of that office pursuant to this title.