Section 447-A. Definitions  


Latest version.
  • 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) is an abused child as defined in paragraph  (iii)  of  subdivision
      (e) of section ten hundred twelve of the family court act;
        (c)  engages  in any act as defined in section 230.00 or 240.37 of the
      penal law;
        (d) is a victim of the crime of compelling prostitution as defined  in
      section 230.33 of the penal law;
        (e)  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 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. A safe house  created  under  this  article
      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. The safe house shall be
      available as a final  disposition  pursuant  to  section  seven  hundred
      fifty-six of the family court act to any sexually exploited child who is
    
      in  need of long term housing. Nothing in the provisions of this article
      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.
        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 community-based
      program  funded  under  this article shall also work with the safe house
      created under this article to provide transitional services to  children
      returning to the community.
        * NB Effective April 1, 2010