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This entry was published on 2014-09-22
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SECTION 447-B
Services for exploited children
Social Services (SOS) CHAPTER 55, ARTICLE 6, TITLE 8-A
§ 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.