S T A T E O F N E W Y O R K
________________________________________________________________________
8082
2009-2010 Regular Sessions
I N A S S E M B L Y
May 4, 2009
___________
Introduced by M. of A. SCARBOROUGH, GLICK, BENJAMIN, PAULIN, COOK,
O'DONNELL, GOTTFRIED, ROSENTHAL, JAFFEE, ORTIZ, LENTOL, PHEFFER,
ROBINSON, ERRIGO, BARRON, GUNTHER, TITONE, JOHN, GABRYSZAK, CLARK,
CARROZZA, CASTRO, DINOWITZ, MILLMAN, ESPAILLAT, KOON, STIRPE, TITUS,
SCHIMEL -- Multi-Sponsored by -- M. of A. AUBRY, BACALLES, BURLING,
CAMARA, CHRISTENSEN, DelMONTE, GIGLIO, LUPARDO, MAISEL, McENENY, MENG,
PEOPLES-STOKES, SAYWARD, TOWNS -- read once and referred to the
Committee on Children and Families
AN ACT to amend the social services law, the family court act and the
executive law, in relation to sexually exploited children
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 1, 4 and 5 of section 447-a of the social
services law, as added by chapter 569 of the laws of 2008, are amended
to read as follows:
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)] (C) is a victim of the crime of compelling prostitution as
defined in section 230.33 of the penal law;
[(e)] (D) engages in acts or conduct described in article two hundred
sixty-three of the penal law.
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
A LBD11257-01-9
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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-pro-
fit 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 [created under this article] 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. [The safe house shall be available as a final disposi-
tion 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] 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 coun-
seling, family-therapy and referrals for services such as educational
and vocational training and health care. Any SUCH community-based
program [funded under this article shall] MAY also work with the safe
house [created under this article] SERVING SEXUALLY EXPLOITED CHILDREN
AS DEFINED IN THIS TITLE to provide transitional services to SUCH chil-
dren returning to the community.
S 2. Subdivisions 1, 2, 3, 5 and 6 of section 447-b of the social
services law, as added by chapter 569 of the laws of 2008, are amended
to read as follows:
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-
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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 [preventative
services including] 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 oper-
ated 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 regard-
ing 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 place-
ment, 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 [article] 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 thir-
ty-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 [annually]
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.
5. [The] TO THE EXTENT FUNDS ARE SPECIFICALLY APPROPRIATED THEREFOR,
THE office of children and family services shall contract with an appro-
priate 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
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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 sexu-
al 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/OR ACCEPTING GRANTS, GIFTS AND BEQUESTS OF FUNDS FROM
PRIVATE INDIVIDUALS, FOUNDATIONS AND/OR 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 train-
ing and such training may be provided on a regional basis. The [office
of children and family services] 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/or the office of juvenile justice and
delinquency prevention.
S 3. Paragraph (c) of subdivision 4 of section 305.2 of the family
court act, as added by chapter 920 of the laws of 1982, is amended and
two new paragraphs (d) and (e) are added to read as follows:
(c) take the child to a place certified by the [state division for
youth] OFFICE OF CHILDREN AND FAMILY SERVICES as a juvenile detention
facility for the reception of children[.]; OR
(D) TAKE A CHILD WHO SUCH OFFICER HAS DECIDED TO TAKE INTO CUSTODY IN
ACCORDANCE WITH THIS SECTION OR SECTION 305.1 OF THIS PART FOR VIOLATING
THE PROVISIONS OF SECTION 230.00 OR 240.37 OF THE PENAL LAW, TO AN
AVAILABLE SHORT-TERM SAFE HOUSE AS DEFINED BY SECTION FOUR HUNDRED
FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW; OR
(E) TAKE A CHILD WHO APPEARS TO BE A SEXUALLY EXPLOITED CHILD AS
DEFINED IN PARAGRAPHS (A), (C) OR (D) OF SUBDIVISION ONE OF SECTION FOUR
HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW TO AN AVAILABLE SHORT-
TERM SAFE HOUSE AS DEFINED IN SUBDIVISION TWO OF SECTION FOUR HUNDRED
FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW, BUT ONLY IF THE CHILD CONSENTS
TO BE TAKEN.
S 4. Subdivision 3 of section 311.4 of the family court act, as added
by chapter 569 of the laws of 2008, is amended to read as follows:
3. In any proceeding under this article based upon an arrest for an
act of prostitution OR WHERE IT APPEARS THAT THE RESPONDENT ENGAGED IN
LOITERING FOR THE PURPOSE OF ENGAGING IN A PROSTITUTION OFFENSE, there
is a presumption that the respondent meets the criteria [for a certif-
ication] as a victim of a severe form of trafficking as defined in
section 7105 of title 22 of the United States Code (Trafficking Victims
Protection Act of 2000). Upon the motion of the respondent, without the
consent of the presentment agency, a petition alleging that the respond-
ent is in need of supervision shall be substituted for the delinquency
petition. If, however, the respondent [is not a victim of a severe form
of trafficking as defined by the federal Trafficking Victims Protection
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Act of 2000] WAS NOT INTIMIDATED, FORCED, THREATENED OR COERCED INTO
ENGAGING IN PROSTITUTION OR LOITERING FOR THE PURPOSES OF ENGAGING IN A
PROSTITUTION OFFENSE, or has been previously [found] ADJUDICATED AS A
JUVENILE DELINQUENT under this article [to have committed an offense]
FOR AN ACT WHICH WOULD BE A CRIME pursuant to article two hundred thirty
of the penal law IF THE RESPONDENT WAS AN ADULT, or has been previously
adjudicated under section seven hundred fifty-two of this chapter and
placed with a commissioner of social services pursuant to [subdivisions]
SUBDIVISION (a) [and (b)] of section seven hundred fifty-six of this
chapter, or expresses a current unwillingness to cooperate with special-
ized services for sexually exploited youth, continuing with the delin-
quency proceeding shall be within the court's discretion. The necessary
findings of fact to support the continuation of the delinquency proceed-
ing shall be reduced to writing and made part of the court record. If,
subsequent to issuance of a substitution order under this subdivision
AND PRIOR TO THE CONCLUSION OF THE FACT FINDING HEARING ON THE PETITION
ALLEGING THAT THE RESPONDENT IS A PERSON IN NEED OF SUPERVISION, the
respondent is not in substantial compliance with a lawful order of the
court, the court may, in its discretion, substitute [a] THE ORIGINAL
petition alleging that the respondent is a juvenile delinquent for the
petition alleging that the respondent is in need of supervision.
S 5. Subdivision 3 of section 320.5 of the family court act is amended
by adding a new paragraph (d) to read as follows:
(D) IF THE RESPONDENT MAY BE A SEXUALLY EXPLOITED CHILD AS DEFINED BY
SECTION FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW, THE COURT
MAY DIRECT THE RESPONDENT TO AN AVAILABLE SHORT-TERM SAFE HOUSE AS A
CONDITION OF RELEASE.
S 6. The opening paragraph of subdivision 2 of section 353.3 of the
family court act, as added by chapter 920 of the laws of 1982, is
amended to read as follows:
Where the respondent is placed with the commissioner of social
services, the court may direct the commissioner to place him OR HER with
an authorized agency or class of authorized agencies , INCLUDING, IF THE
COURT FINDS THAT THE RESPONDENT IS A SEXUALLY EXPLOITED CHILD AS DEFINED
IN SECTION FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW, AN
AVAILABLE LONG-TERM SAFE HOUSE. Unless the dispositional order provides
otherwise, the court so directing shall include one of the following
alternatives to apply in the event that the commissioner is unable to so
place the respondent:
S 7. Subdivision 4 of section 353.3 of the family court act, as
amended by chapter 465 of the laws of 1992, is amended to read as
follows:
4. Where the respondent is placed with the [division for youth] OFFICE
OF CHILDREN AND FAMILY SERVICES, the court may direct the [division]
OFFICE to place the respondent with an authorized agency or class of
authorized agencies, INCLUDING, IF THE COURT FINDS THAT THE RESPONDENT
IS A SEXUALLY EXPLOITED CHILD AS DEFINED IN SECTION FOUR HUNDRED FORTY-
SEVEN-A OF THE SOCIAL SERVICES LAW, AN AVAILABLE LONG-TERM SAFE HOUSE,
and in the event the [division] OFFICE is unable to so place the
respondent or, discontinues the placement with the authorized agency,
the respondent shall be deemed to have been placed with the [division]
OFFICE pursuant to paragraph (b) or (c) of subdivision three of this
section. In such cases, the [division] OFFICE shall notify the court,
presentment agency, law guardian and parent or other person responsible
for the respondent's care, of the reason for discontinuing the placement
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with the authorized agency and the level and location of the youth's
placement.
S 8. Subdivision (a) of section 712 of the family court act, as
amended by chapter 569 of the laws of 2008, is amended to read as
follows:
(a) "Person in need of supervision". A person less than eighteen years
of age who does not attend school in accordance with the provisions of
part one of article sixty-five of the education law or who is incorrigi-
ble, ungovernable or habitually disobedient and beyond the lawful
control of a parent or other person legally responsible for such child's
care, or other lawful authority, or who violates the provisions of
section 221.05, 230.00, or 240.37 of the penal law, OR WHO APPEARS TO BE
A SEXUALLY EXPLOITED CHILD AS DEFINED IN PARAGRAPH (A), (C) OR (D) OF
SUBDIVISION ONE OF SECTION FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL
SERVICES LAW, BUT ONLY IF THE CHILD CONSENTS TO THE FILING OF A PETITION
UNDER THIS ARTICLE.
S 9. Subdivision 5 of section 720 of the family court act is amended
by adding a new paragraph (c) to read as follows:
(C) IF THE RESPONDENT MAY BE A SEXUALLY EXPLOITED CHILD AS DEFINED BY
SECTION FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW, THE COURT
MAY DIRECT THE RESPONDENT TO AN AVAILABLE SHORT-TERM SAFE HOUSE AS AN
ALTERNATIVE TO DETENTION.
S 10. Subdivisions (a), (b), (c) and (d) of section 732 of the family
court act, subdivision (a) as amended by chapter 569 of the laws of
2008, subdivisions (b) and (c) as amended and subdivision (d) as added
by section 6 of part E of chapter 57 of the laws of 2005, are amended
and a new subdivision (b) is added to read as follows:
(a) (I) the respondent is an habitual truant or is incorrigible, ungo-
vernable, or habitually disobedient and beyond the lawful control of his
or her parents, guardian or lawful custodian, or has been the victim of
sexual exploitation as defined in subdivision one of section four
hundred forty-seven-a of the social services law, and specifying the
acts on which the allegations are based and the time and place they
allegedly occurred. Where habitual truancy is alleged or the petitioner
is a school district or local educational agency, the petition shall
also include the steps taken by the responsible school district or local
educational agency to improve the school attendance and/or conduct of
the respondent;
[(b)] (II) the respondent was under eighteen years of age at the time
of the specified acts;
[(c)] (III) the respondent requires supervision or treatment; and
[(d)] (IV) the petitioner has complied with the provisions of section
seven hundred thirty-five of this article[.]; OR
(B) THE RESPONDENT APPEARS TO BE A SEXUALLY EXPLOITED CHILD AS DEFINED
IN PARAGRAPH (A), (C) OR (D) OF SUBDIVISION ONE OF SECTION FOUR HUNDRED
FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW BUT ONLY IF THE CHILD CONSENTS
TO THE FILING OF A PETITION UNDER THIS ARTICLE.
S 11. Subdivision (a) of section 739 of the family court act, as
amended by section 8 of part E of chapter 57 of the laws of 2005, is
amended to read as follows:
(a) After the filing of a petition under section seven hundred thir-
ty-two of this article, the court in its discretion may release the
respondent or direct his or her detention. IF THE RESPONDENT MAY BE A
SEXUALLY EXPLOITED CHILD AS DEFINED BY SECTION FOUR HUNDRED FORTY-SEV-
EN-A OF THE SOCIAL SERVICES LAW, THE COURT MAY DIRECT THE RESPONDENT TO
AN AVAILABLE SHORT-TERM SAFE HOUSE AS AN ALTERNATIVE TO DETENTION.
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However, the court shall not direct detention unless it finds and states
the facts and reasons for so finding that unless the respondent is
detained there is a substantial probability that the respondent will not
appear in court on the return date and all available alternatives to
detention have been exhausted.
S 12. Paragraph (ii) of subdivision (a) of section 756 of the family
court act, as added by chapter 920 of the laws of 1982, is amended to
read as follows:
(ii) Where the child is placed with the commissioner of social
services, the court may direct the commissioner to place the child with
an authorized agency or class of authorized agencies, INCLUDING, IF THE
COURT FINDS THAT THE RESPONDENT IS A SEXUALLY EXPLOITED CHILD AS DEFINED
IN SECTION FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW, AN
AVAILABLE LONG-TERM SAFE HOUSE. Unless the dispositional order provides
otherwise, the court so directing shall include one of the following
alternatives to apply in the event that the commissioner is unable to so
place the child:
S 13. Paragraph (i) of subdivision (a) of section 1055 of the family
court act, as amended by chapter 519 of the laws of 2008, is amended to
read as follows:
(i) For purposes of section one thousand fifty-two of this part the
court may place the child in the custody of a relative or other suitable
person pursuant to this article, or of the local commissioner of social
services or of such other officer, board or department as may be author-
ized to receive children as public charges, or a duly authorized associ-
ation, agency, society or in an institution suitable for the placement
of a child. THE COURT MAY ALSO PLACE A CHILD WHO IS DETERMINED TO BE A
SEXUALLY EXPLOITED CHILD AS DEFINED IN SUBDIVISION ONE OF SECTION FOUR
HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW WITH THE LOCAL COMMIS-
SIONER OF SOCIAL SERVICES FOR PLACEMENT IN AN AVAILABLE LONG-TERM SAFE
HOUSE. The court may also place the child in the custody of the local
commissioner of social services and may direct such commissioner to have
the child reside with a relative or other suitable person who has indi-
cated a desire to become a foster parent for the child and further
direct such commissioner, pursuant to regulations of the office of chil-
dren and family services, to commence an investigation of the home of
such relative or other suitable person within twenty-four hours and
thereafter expedite approval or certification of such relative or other
suitable person, if qualified, as a foster parent. If such home is found
to be unqualified for approval or certification, the local commissioner
shall report such fact to the court forthwith so that the court may make
a placement determination that is in the best interests of the child.
S 14. Section 532-a of the executive law is amended by adding a new
subdivision 7 to read as follows:
7. "SAFE HOUSE" SHALL MEAN A RESIDENTIAL PROGRAM FOR SEXUALLY
EXPLOITED CHILDREN AS DEFINED IN SECTION FOUR HUNDRED FORTY-SEVEN-A OF
THE SOCIAL SERVICES LAW. AN APPROVED RUNAWAY PROGRAM MAY OPERATE A
SHORT-TERM SAFE HOUSE FOR SEXUALLY EXPLOITED CHILDREN. A TRANSITIONAL
INDEPENDENT LIVING SUPPORT PROGRAM MAY OPERATE A LONG-TERM SAFE HOUSE
FOR SEXUALLY EXPLOITED CHILDREN.
S 15. This act shall take effect on the same date and in the same
manner as chapter 569 of the laws of 2008, as amended, takes effect.