§ 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 or the crime of sex trafficking of a
child as defined in section 230.34-a 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 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 a runaway and homeless youth
crisis services 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.