NY State Senate Bill 2009-S5270

Archive: Last Bill Status - In Senate Committee Children And Families Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to children and families
May 12, 2009	reported and committed to codes
Apr 27, 2009	referred to children and families

2009-S5270 (ACTIVE) - Details

Current Committee:: Senate Children And Families
Law Section:: Social Services Law
Laws Affected:: Amd §§447-a & 447-b, Soc Serv L; amd Fam Ct Act, generally; amd §532-a, Exec L

2009-S5270 (ACTIVE) - Summary

Relates to the treatment of sexually exploited children in the criminal justice system the provision of safe housing and other programs.

2009-S5270 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5270

 TITLE OF BILL :  An act to amend the social services law, the family
court act and the executive law, in relation to sexually exploited
children

 PURPOSE OR GENERAL IDEA OF BILL :

Purpose Or General Idea Of Bill: This bill would provide support and
services to youth who are victims of sexual exploitation.

 SUMMARY OF SPECIFIC PROVISIONS :

* clarify the definition of sexually exploited child, so that a child
who is subject to an Article 10 proceeding is not a sexually exploited
child under this Act;

* Provide that a long-term safe house may be operated by a
transitional independent living support program, and that an advocate
of a short-term safe house shall make attempts within 72 hours to
notify a sexually exploited child's parent, guardian or custodian of
such child's admission to the safe-house, unless compelling
circumstances exist why such person should not be contacted. In such
case, the advocate shall either file a petition in Family Court, refer
the youth to the local social services district or, if child abuse or
neglect is suspected, report such abuse or neglect to the Statewide

Central Register of Child Abuse and Maltreatment.

Section 2 would:

* Provide that each local social services district provide a
short-term safe house or other safe placement, to the extent that
funds are specifically appropriated therefore;

* Require that a determination of the need for services for sexually
exploited children be made by each local social services district
every five years, rather than every year;

* Require the Office of Children and Family Services to contract with
an appropriate not-for-profit agency to operate a long-term safe
house, to the extent funds are appropriated specifically therefor, and
that nothing shall preclude an agency from applying for and/or
accepting grants, gifts and bequests from funds from private
individuals, foundations and/or the federal government in order to
operate a long-term safe house; and,

* require each social service district, in conjunction with the
Division of Criminal Justice Services and local law enforcement, to
contract with an appropriate agency with experience working with
sexually exploited youth to provide training on the identification of
such youth and how to obtain appropriate services to sexually
exploited youth to law enforcement officials who in the course of
their duties are likely to encounter such youth.  Section three would:

* Allow a police or peace officer taking custody of a youth without a
warrant, for acts of prostitution or loitering for prostitution, to
take such youth to a short-term safe house; and * Allow a police
officer taking custody of a youth without a warrant, who appears to be
a sexually exploited child who appears to be a victim of sex
trafficking, a victim of the crime of compelling prostitution or a
victim of sexual performance by a child as such acts are defined in
penal law, to take such youth to a safe-house if the youth consents.

Section four would:


* Require a presumption that a young person charged as a juvenile
delinquent for an act of prostitution or loitering for prostitution,
is considered a severely trafficked person according to the Section
7105 of title 22 of the United States Code. Such a presumption will
require the court to proceed with a Person In Need of Supervision
(PINS) petition, rather than a Juvenile Delinquent (JD) petition.
However, it is in the court's discretion to continue with a JD
petition, if the court finds that a young person was not intimidated,
forced, threatened or coerced into such acts, or has previously been
adjudicated a juvenile delinquent for a prostitution offense, or was
previously placed with a local commissioner of social service as a
PINS, or is unwilling to participate in services ordered by the court.
The court is also required to place in writing the reasoning for
continuing a JD proceeding and make it a part of the official court
record. The court may also convert a PINS petition to a JD petition if
the youth is out of compliance with the orders of the court, prior to
the conclusion of the fact-finding hearing.

Section five would authorize the Family Court to release a sexually
exploited child to a short-term safe house in a juvenile delinquency
proceeding.

Section six would authorize the Family Court to direct a local social
services district to place a sexually exploited child in a long-term
safe house, where such youth has been placed with the local district
during a juvenile delinquency proceeding.

Section seven would authorize the Family Court to direct the Office of
Children and Family Services (OCFS) to place a sexually exploited
child in a long-term safe house, where such youth has been placed with
OCFS during a juvenile delinquency proceeding.

Section eight would modify the definition of "person in need of super-
vision" to include youth who appear to be a sexually exploited child
who is a victim of sex trafficking, is a victim of the crime of
compelling prostitution or is a victim of sexual performance by a
child as such acts are defined in penal law.

Section nine would authorize the Family Court to direct a child who
may be a sexually exploited child to a short-term safe house as an
alternative to detention during a PINS proceeding.

Section ten would authorize a PINS petition to be brought because the
respondent appears to be a sexually exploited child who is a victim of
sex trafficking, is a victim of the crime of compelling prostitution
or is a victim of sexual performance by a child as such acts are
defined in penal law.

Section eleven would authorize the Family Court to direct a respondent
who appears to be a sexually exploited child to a short-term safe
house as an alternative to detention prior to disposition in a PINS
proceeding.

Section twelve would authorize the Family Court to direct a local
social services district to place a respondent who is a sexually
exploited child in a long-term safe house, where such child has been
placed with the local district under a PINS proceeding.

Section thirteen would authorize the Family Court to place a child
with a local social services district in a long-term safe house, where
such child is determined to be a sexually exploited child during an
abuse or neglect proceeding.

Section fourteen would define a safe house as residential programs for
sexually exploited children, under the Executive Law as part of
Runaway and Homeless Youth Services.  Section fifteen would provide
that the effective date of the act shall be the same as the effective
date of Chapter 569 of the laws of 2008.

 EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER :

§371(10)(x) of the Social Service Law is amended, and §405-a of the
Corporation Law is amended.

 JUSTIFICATION :

It has been reported that the number of youths victimized by the sex
trade is on the rise and that youths as young as eleven and twelve
years old are becoming involved. The overwhelming majority of these
sexually exploited youth have a history of psychological, physical or
sexual abuse as younger children and many have been raised amidst
stark poverty and family dysfunction. Currently, the state's response
to this issue has been to prosecute sexually exploited youth as
criminals. This response is ineffective as arresting, prosecuting and
incarcerating victimized youth serves to re-traumatize them and to
increase their feelings of low self-esteem.  This only makes the
process of recovery more difficult. Appropriate services, for sexually
exploited youth do not exist in the juvenile justice system and that
both federal and international law recognize that sexually exploited
youth are the victims of crime and should be treated as such.
Therefore, sexually exploited youth should not be prosecuted under the
penal law for acts of prostitution. Instead, services should be
created to meet the needs of these youth outside of the justice
system. Sexually exploited youth deserve the protection and services
of the family court through processes in place for persons in need of
supervision, including diversion, crisis intervention, counseling, and
emergency and long term housing services.

 PRIOR LEGISLATIVE HISTORY :

This would amend Chapter 569 of the Laws of 2008.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS ;

To be determined

 EFFECTIVE DATE :
The same date which Chapter 569 of the Laws of 2008 become effective.

2009-S5270 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5270

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
  when printed to be committed 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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11257-01-9

S. 5270                             2

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-
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

S. 5270                             3

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
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

S. 5270                             4

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
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

S. 5270                             5

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
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

S. 5270                             6

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.
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. 5270                             7

  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.

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Senate Bill S5270

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Archive: Last Bill Status - In Senate Committee Children And Families Committee

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Sponsored By

Velmanette Montgomery

Archive: Last Bill Status - In Senate Committee Children And Families Committee

Actions

2009-S5270 (ACTIVE) - Details

2009-S5270 (ACTIVE) - Summary

2009-S5270 (ACTIVE) - Sponsor Memo

2009-S5270 (ACTIVE) - Bill Text download pdf

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