Bill Text: NY A08082 | 2009-2010 | General Assembly | Amended
Bill Title: Relates to the treatment of sexually exploited children in the criminal justice system the provision of safe housing and other programs.
Spectrum: Moderate Partisan Bill (Democrat 39-5)
Status: (Engrossed - Dead) 2010-01-25 - amended on third reading 8082a [A08082 Detail]
Download: New_York-2009-A08082-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
8082--A
Cal. No. 551
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 -- reported from committee,
advanced to a third reading, amended and ordered reprinted, retaining
its place on the order of third reading
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:
1 Section 1. Subdivisions 1, 4 and 5 of section 447-a of the social
2 services law, as added by chapter 569 of the laws of 2008, are amended
3 to read as follows:
4 1. The term "sexually exploited child" means any person under the age
5 of eighteen who has been subject to sexual exploitation because he or
6 she:
7 (a) is the victim of the crime of sex trafficking as defined in
8 section 230.34 of the penal law;
9 (b) [is an abused child as defined in paragraph (iii) of subdivision
10 (e) of section ten hundred twelve of the family court act;
11 (c)] engages in any act as defined in section 230.00 or 240.37 of the
12 penal law;
13 [(d)] (C) is a victim of the crime of compelling prostitution as
14 defined in section 230.33 of the penal law;
15 [(e)] (D) engages in acts or conduct described in article two hundred
16 sixty-three of the penal law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11257-02-0
A. 8082--A 2
1 4. The term "safe house" means a residential facility operated by an
2 authorized agency as defined in subdivision ten of section three hundred
3 seventy-one of this article including a residential facility operating
4 as part of an approved runaway program as defined in subdivision four of
5 section five hundred thirty-two-a of the executive law or a not-for-pro-
6 fit agency with experience in providing services to sexually exploited
7 youth and approved in accordance with the regulations of the office of
8 children and family services that provides shelter for sexually
9 exploited children. IN ADDITION, A LONG-TERM SAFE HOUSE MAY BE OPERATED
10 BY A TRANSITIONAL INDEPENDENT LIVING SUPPORT PROGRAM AS DEFINED IN
11 SUBDIVISION SIX OF SECTION FIVE HUNDRED THIRTY-TWO-A OF THE EXECUTIVE
12 LAW. A safe house [created under this article] SERVING SEXUALLY
13 EXPLOITED CHILDREN AS DEFINED IN THIS TITLE shall provide or assist in
14 securing necessary services for such sexually exploited children either
15 through direct provision of services, or through written agreements with
16 other community and public agencies for the provision of services
17 including but not limited to housing, assessment, case management,
18 medical care, legal, mental health and substance and alcohol abuse
19 services. Where appropriate such safe house in accordance with a service
20 plan for such sexually exploited child may also provide counseling and
21 therapeutic services, educational services including life skills
22 services and planning services to successfully transition residents back
23 to the community. [The safe house shall be available as a final disposi-
24 tion pursuant to section seven hundred fifty-six of the family court act
25 to any sexually exploited child who is in need of long term housing.]
26 Nothing in the provisions of this [article] TITLE OR ARTICLE NINETEEN-H
27 OF THE EXECUTIVE LAW shall prevent a child who is the subject of a
28 proceeding which has not reached final disposition from residing at the
29 safe house for the duration of that proceeding nor shall it prevent any
30 sexually exploited child who is not the subject of a proceeding from
31 residing at the safe house. AN ADVOCATE EMPLOYED BY A SHORT-TERM SAFE
32 HOUSE OR OTHER APPROPRIATE STAFF OF A SHORT-TERM SAFE HOUSE SHALL, TO
33 THE MAXIMUM EXTENT POSSIBLE, PREFERABLY WITHIN TWENTY-FOUR HOURS BUT
34 WITHIN NO MORE THAN SEVENTY-TWO HOURS FOLLOWING A SEXUALLY EXPLOITED
35 CHILD'S ADMISSION INTO THE PROGRAM OTHER THAN PURSUANT TO A COURT ORDER,
36 NOTIFY SUCH CHILD'S PARENT, GUARDIAN OR CUSTODIAN OF HIS OR HER PHYSICAL
37 AND EMOTIONAL CONDITION AND THE CIRCUMSTANCES SURROUNDING THE CHILD'S
38 PRESENCE AT THE PROGRAM, UNLESS THERE ARE COMPELLING CIRCUMSTANCES WHY
39 THE PARENT, GUARDIAN OR CUSTODIAN SHOULD NOT BE SO NOTIFIED. WHERE SUCH
40 CIRCUMSTANCES EXIST, THE ADVOCATE OR OTHER APPROPRIATE STAFF MEMBER
41 SHALL EITHER FILE AN APPROPRIATE PETITION IN THE FAMILY COURT, REFER THE
42 YOUTH TO THE LOCAL SOCIAL SERVICES DISTRICT, OR IN INSTANCES WHERE ABUSE
43 OR NEGLECT IS SUSPECTED, REPORT SUCH CASE PURSUANT TO TITLE SIX OF THIS
44 ARTICLE.
45 5. The term "community-based program" means a program operated by a
46 not-for-profit organization that provides services such as street
47 outreach, voluntary drop-in services, peer counseling, individual coun-
48 seling, family-therapy and referrals for services such as educational
49 and vocational training and health care. Any SUCH community-based
50 program [funded under this article shall] MAY also work with the safe
51 house [created under this article] SERVING SEXUALLY EXPLOITED CHILDREN
52 AS DEFINED IN THIS TITLE to provide transitional services to SUCH chil-
53 dren returning to the community.
54 S 2. Subdivisions 1, 2, 3, 5 and 6 of section 447-b of the social
55 services law, as added by chapter 569 of the laws of 2008, are amended
56 to read as follows:
A. 8082--A 3
1 1. Notwithstanding any inconsistent provision of law, pursuant to
2 regulations of the office of children and family services, every local
3 social services district shall as a component of the district's multi-
4 year consolidated services child welfare services plan address the child
5 welfare services needs of sexually exploited children and to the extent
6 that funds are available SPECIFICALLY THEREFOR ensure that [preventative
7 services including] a short-term safe house or another short-term safe
8 placement such as an approved runaway and homeless youth program,
9 approved respite or crisis program providing crisis intervention or
10 respite services or community-based program to serve sexually exploited
11 children is available to children residing in such district. Nothing in
12 this section shall prohibit a local social services district from
13 utilizing existing respite or crisis intervention services already oper-
14 ated by such social services district or homeless youth programs or
15 services for victims of human trafficking pursuant to article ten-D of
16 this chapter so long as the staff members have received appropriate
17 training approved by the office of children and family services regard-
18 ing sexually exploited children and the existing programs and facilities
19 provide a safe, secure and appropriate environment for sexually
20 exploited children. Crisis intervention services, short-term safe house
21 care and community-based programming may, where appropriate, be provided
22 by the same not-for-profit agency. Local social services districts may
23 work cooperatively to provide such short-term safe house or other short-
24 term safe placement, services and programming and access to such place-
25 ment, services and programming may be provided on a regional basis,
26 provided, however, that every local social services district shall to
27 the extent that funds are available ensure that such placement, services
28 and programs shall be readily accessible to sexually exploited children
29 residing within the district.
30 2. All of the services created under this [article] TITLE may, to the
31 extent possible provided by law, be available to all sexually exploited
32 children whether they are accessed voluntarily, as a condition of an
33 adjournment in contemplation of dismissal issued in criminal court,
34 through the diversion services created under section seven hundred thir-
35 ty-five of the family court act, through a proceeding under article
36 three of the family court act, a proceeding under article ten of the
37 family court act or through a referral from a local social services
38 agency.
39 3. The capacity of the crisis intervention services and community-
40 based programs in subdivision one of this section shall be based on the
41 number of sexually exploited children in each district who are in need
42 of such services. A determination of such need shall be made [annually]
43 IN TWO THOUSAND ELEVEN AND EVERY FIVE YEARS THEREAFTER in every social
44 services district by the local commissioner of social services and be
45 included in the integrated county plan. Such determination shall be made
46 in consultation with local law enforcement, runaway and homeless youth
47 program providers, local probation departments, local social services
48 commissioners, the runaway and homeless youth coordinator for the local
49 social services district, local law guardians, presentment agencies,
50 public defenders and district attorney's offices and child advocates and
51 services providers who work directly with sexually exploited youth.
52 5. [The] TO THE EXTENT FUNDS ARE SPECIFICALLY APPROPRIATED THEREFOR,
53 THE office of children and family services shall contract with an appro-
54 priate not-for-profit agency with experience working with sexually
55 exploited children to operate at least one LONG-TERM safe house in a
56 geographically appropriate area of the state which shall provide safe
A. 8082--A 4
1 and secure long term housing and specialized services for sexually
2 exploited children throughout the state. The appropriateness of the
3 geographic location shall be determined taking into account the areas of
4 the state with high numbers of sexually exploited children and the need
5 for sexually exploited children to find shelter and long term placement
6 in a region that cannot be readily accessed by the perpetrators of sexu-
7 al exploitation. The need for more than one LONG-TERM safe house shall
8 be determined by the office of children and family services based on the
9 numbers and geographical location of sexually exploited children within
10 the state. NOTHING HEREIN SHALL BE CONSTRUED TO PRECLUDE AN AGENCY FROM
11 APPLYING FOR AND/OR ACCEPTING GRANTS, GIFTS AND BEQUESTS OF FUNDS FROM
12 PRIVATE INDIVIDUALS, FOUNDATIONS AND/OR THE FEDERAL GOVERNMENT FOR THE
13 PURPOSE OF CREATING OR CARRYING OUT THE DUTIES OF A LONG-TERM SAFE
14 HOUSE.
15 6. The local social services commissioner may, to the extent that
16 funds are available, in conjunction with THE DIVISION OF CRIMINAL
17 JUSTICE SERVICES AND local law enforcement officials, contract with an
18 appropriate not-for-profit agency with experience working with sexually
19 exploited children to train law enforcement officials who are likely to
20 encounter sexually exploited children in the course of their law
21 enforcement duties on the provisions of this section and how to identify
22 and obtain appropriate services for sexually exploited children. Local
23 social services districts may work cooperatively to provide such train-
24 ing and such training may be provided on a regional basis. The [office
25 of children and family services] DIVISION OF CRIMINAL JUSTICE SERVICES
26 shall assist local social services districts in obtaining any available
27 funds for the purposes of conducting law enforcement training from the
28 federal justice department and/or the office of juvenile justice and
29 delinquency prevention.
30 S 3. Paragraph (c) of subdivision 4 of section 305.2 of the family
31 court act, as added by chapter 920 of the laws of 1982, is amended and
32 two new paragraphs (d) and (e) are added to read as follows:
33 (c) take the child to a place certified by the [state division for
34 youth] OFFICE OF CHILDREN AND FAMILY SERVICES as a juvenile detention
35 facility for the reception of children[.]; OR
36 (D) TAKE A CHILD WHO SUCH OFFICER HAS DECIDED TO TAKE INTO CUSTODY IN
37 ACCORDANCE WITH THIS SECTION OR SECTION 305.1 OF THIS PART FOR VIOLATING
38 THE PROVISIONS OF SECTION 230.00 OR 240.37 OF THE PENAL LAW, TO AN
39 AVAILABLE SHORT-TERM SAFE HOUSE AS DEFINED BY SECTION FOUR HUNDRED
40 FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW; OR
41 (E) TAKE A CHILD WHO APPEARS TO BE A SEXUALLY EXPLOITED CHILD AS
42 DEFINED IN PARAGRAPHS (A), (C) OR (D) OF SUBDIVISION ONE OF SECTION FOUR
43 HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW TO AN AVAILABLE SHORT-
44 TERM SAFE HOUSE AS DEFINED IN SUBDIVISION TWO OF SECTION FOUR HUNDRED
45 FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW, BUT ONLY IF THE CHILD CONSENTS
46 TO BE TAKEN.
47 S 4. Subdivision 3 of section 311.4 of the family court act, as added
48 by chapter 569 of the laws of 2008, is amended to read as follows:
49 3. In any proceeding under this article based upon an arrest for an
50 act of prostitution OR WHERE IT APPEARS THAT THE RESPONDENT ENGAGED IN
51 LOITERING FOR THE PURPOSE OF ENGAGING IN A PROSTITUTION OFFENSE, there
52 is a presumption that the respondent meets the criteria [for a certif-
53 ication] as a victim of a severe form of trafficking as defined in
54 section 7105 of title 22 of the United States Code (Trafficking Victims
55 Protection Act of 2000). Upon the motion of the respondent, without the
56 consent of the presentment agency, a petition alleging that the respond-
A. 8082--A 5
1 ent is in need of supervision shall be substituted for the delinquency
2 petition. If, however, the respondent [is not a victim of a severe form
3 of trafficking as defined by the federal Trafficking Victims Protection
4 Act of 2000] WAS NOT INTIMIDATED, FORCED, THREATENED OR COERCED INTO
5 ENGAGING IN PROSTITUTION OR LOITERING FOR THE PURPOSES OF ENGAGING IN A
6 PROSTITUTION OFFENSE, or has been previously [found] ADJUDICATED AS A
7 JUVENILE DELINQUENT under this article [to have committed an offense]
8 FOR AN ACT WHICH WOULD BE A CRIME pursuant to article two hundred thirty
9 of the penal law IF THE RESPONDENT WAS AN ADULT, or has been previously
10 adjudicated under section seven hundred fifty-two of this chapter and
11 placed with a commissioner of social services pursuant to [subdivisions]
12 SUBDIVISION (a) [and (b)] of section seven hundred fifty-six of this
13 chapter, or expresses a current unwillingness to cooperate with special-
14 ized services for sexually exploited youth, continuing with the delin-
15 quency proceeding shall be within the court's discretion. The necessary
16 findings of fact to support the continuation of the delinquency proceed-
17 ing shall be reduced to writing and made part of the court record. If,
18 subsequent to issuance of a substitution order under this subdivision
19 AND PRIOR TO THE CONCLUSION OF THE FACT FINDING HEARING ON THE PETITION
20 ALLEGING THAT THE RESPONDENT IS A PERSON IN NEED OF SUPERVISION, the
21 respondent is not in substantial compliance with a lawful order of the
22 court, the court may, in its discretion, substitute [a] THE ORIGINAL
23 petition alleging that the respondent is a juvenile delinquent for the
24 petition alleging that the respondent is in need of supervision.
25 S 5. Subdivision 3 of section 320.5 of the family court act is amended
26 by adding a new paragraph (d) to read as follows:
27 (D) IF THE RESPONDENT MAY BE A SEXUALLY EXPLOITED CHILD AS DEFINED BY
28 SECTION FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW, THE COURT
29 MAY DIRECT THE RESPONDENT TO AN AVAILABLE SHORT-TERM SAFE HOUSE AS A
30 CONDITION OF RELEASE.
31 S 6. The opening paragraph of subdivision 2 of section 353.3 of the
32 family court act, as added by chapter 920 of the laws of 1982, is
33 amended to read as follows:
34 Where the respondent is placed with the commissioner of social
35 services, the court may direct the commissioner to place him OR HER with
36 an authorized agency or class of authorized agencies , INCLUDING, IF THE
37 COURT FINDS THAT THE RESPONDENT IS A SEXUALLY EXPLOITED CHILD AS DEFINED
38 IN SECTION FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW, AN
39 AVAILABLE LONG-TERM SAFE HOUSE. Unless the dispositional order provides
40 otherwise, the court so directing shall include one of the following
41 alternatives to apply in the event that the commissioner is unable to so
42 place the respondent:
43 S 7. Subdivision 4 of section 353.3 of the family court act, as
44 amended by chapter 465 of the laws of 1992, is amended to read as
45 follows:
46 4. Where the respondent is placed with the [division for youth] OFFICE
47 OF CHILDREN AND FAMILY SERVICES, the court may direct the [division]
48 OFFICE to place the respondent with an authorized agency or class of
49 authorized agencies, INCLUDING, IF THE COURT FINDS THAT THE RESPONDENT
50 IS A SEXUALLY EXPLOITED CHILD AS DEFINED IN SECTION FOUR HUNDRED FORTY-
51 SEVEN-A OF THE SOCIAL SERVICES LAW, AN AVAILABLE LONG-TERM SAFE HOUSE,
52 and in the event the [division] OFFICE is unable to so place the
53 respondent or, discontinues the placement with the authorized agency,
54 the respondent shall be deemed to have been placed with the [division]
55 OFFICE pursuant to paragraph (b) or (c) of subdivision three of this
56 section. In such cases, the [division] OFFICE shall notify the court,
A. 8082--A 6
1 presentment agency, law guardian and parent or other person responsible
2 for the respondent's care, of the reason for discontinuing the placement
3 with the authorized agency and the level and location of the youth's
4 placement.
5 S 8. Subdivision (a) of section 712 of the family court act, as
6 amended by chapter 569 of the laws of 2008, is amended to read as
7 follows:
8 (a) "Person in need of supervision". A person less than eighteen years
9 of age who does not attend school in accordance with the provisions of
10 part one of article sixty-five of the education law or who is incorrigi-
11 ble, ungovernable or habitually disobedient and beyond the lawful
12 control of a parent or other person legally responsible for such child's
13 care, or other lawful authority, or who violates the provisions of
14 section 221.05, 230.00, or 240.37 of the penal law, OR WHO APPEARS TO BE
15 A SEXUALLY EXPLOITED CHILD AS DEFINED IN PARAGRAPH (A), (C) OR (D) OF
16 SUBDIVISION ONE OF SECTION FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL
17 SERVICES LAW, BUT ONLY IF THE CHILD CONSENTS TO THE FILING OF A PETITION
18 UNDER THIS ARTICLE.
19 S 9. Subdivision 5 of section 720 of the family court act is amended
20 by adding a new paragraph (c) to read as follows:
21 (C) IF THE RESPONDENT MAY BE A SEXUALLY EXPLOITED CHILD AS DEFINED BY
22 SECTION FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW, THE COURT
23 MAY DIRECT THE RESPONDENT TO AN AVAILABLE SHORT-TERM SAFE HOUSE AS AN
24 ALTERNATIVE TO DETENTION.
25 S 10. Subdivisions (a), (b), (c) and (d) of section 732 of the family
26 court act, subdivision (a) as amended by chapter 569 of the laws of
27 2008, subdivisions (b) and (c) as amended and subdivision (d) as added
28 by section 6 of part E of chapter 57 of the laws of 2005, are amended
29 and a new subdivision (b) is added to read as follows:
30 (a) (I) the respondent is an habitual truant or is incorrigible, ungo-
31 vernable, or habitually disobedient and beyond the lawful control of his
32 or her parents, guardian or lawful custodian, or has been the victim of
33 sexual exploitation as defined in subdivision one of section four
34 hundred forty-seven-a of the social services law, and specifying the
35 acts on which the allegations are based and the time and place they
36 allegedly occurred. Where habitual truancy is alleged or the petitioner
37 is a school district or local educational agency, the petition shall
38 also include the steps taken by the responsible school district or local
39 educational agency to improve the school attendance and/or conduct of
40 the respondent;
41 [(b)] (II) the respondent was under eighteen years of age at the time
42 of the specified acts;
43 [(c)] (III) the respondent requires supervision or treatment; and
44 [(d)] (IV) the petitioner has complied with the provisions of section
45 seven hundred thirty-five of this article[.]; OR
46 (B) THE RESPONDENT APPEARS TO BE A SEXUALLY EXPLOITED CHILD AS DEFINED
47 IN PARAGRAPH (A), (C) OR (D) OF SUBDIVISION ONE OF SECTION FOUR HUNDRED
48 FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW BUT ONLY IF THE CHILD CONSENTS
49 TO THE FILING OF A PETITION UNDER THIS ARTICLE.
50 S 11. Subdivision (a) of section 739 of the family court act, as
51 amended by section 8 of part E of chapter 57 of the laws of 2005, is
52 amended to read as follows:
53 (a) After the filing of a petition under section seven hundred thir-
54 ty-two of this article, the court in its discretion may release the
55 respondent or direct his or her detention. IF THE RESPONDENT MAY BE A
56 SEXUALLY EXPLOITED CHILD AS DEFINED BY SECTION FOUR HUNDRED FORTY-SEV-
A. 8082--A 7
1 EN-A OF THE SOCIAL SERVICES LAW, THE COURT MAY DIRECT THE RESPONDENT TO
2 AN AVAILABLE SHORT-TERM SAFE HOUSE AS AN ALTERNATIVE TO DETENTION.
3 However, the court shall not direct detention unless it finds and states
4 the facts and reasons for so finding that unless the respondent is
5 detained there is a substantial probability that the respondent will not
6 appear in court on the return date and all available alternatives to
7 detention have been exhausted.
8 S 12. Paragraph (ii) of subdivision (a) of section 756 of the family
9 court act, as amended by chapter 920 of the laws of 1982, is amended to
10 read as follows:
11 (ii) Where the child is placed with the commissioner of social
12 services, the court may direct the commissioner to place the child with
13 an authorized agency or class of authorized agencies, INCLUDING, IF THE
14 COURT FINDS THAT THE RESPONDENT IS A SEXUALLY EXPLOITED CHILD AS DEFINED
15 IN SECTION FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW, AN
16 AVAILABLE LONG-TERM SAFE HOUSE. Unless the dispositional order provides
17 otherwise, the court so directing shall include one of the following
18 alternatives to apply in the event that the commissioner is unable to so
19 place the child:
20 S 13. Paragraph (i) of subdivision (a) of section 1055 of the family
21 court act, as amended by chapter 519 of the laws of 2008, is amended to
22 read as follows:
23 (i) For purposes of section one thousand fifty-two of this part the
24 court may place the child in the custody of a relative or other suitable
25 person pursuant to this article, or of the local commissioner of social
26 services or of such other officer, board or department as may be author-
27 ized to receive children as public charges, or a duly authorized associ-
28 ation, agency, society or in an institution suitable for the placement
29 of a child. THE COURT MAY ALSO PLACE A CHILD WHO IS DETERMINED TO BE A
30 SEXUALLY EXPLOITED CHILD AS DEFINED IN SUBDIVISION ONE OF SECTION FOUR
31 HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW WITH THE LOCAL COMMIS-
32 SIONER OF SOCIAL SERVICES FOR PLACEMENT IN AN AVAILABLE LONG-TERM SAFE
33 HOUSE. The court may also place the child in the custody of the local
34 commissioner of social services and may direct such commissioner to have
35 the child reside with a relative or other suitable person who has indi-
36 cated a desire to become a foster parent for the child and further
37 direct such commissioner, pursuant to regulations of the office of chil-
38 dren and family services, to commence an investigation of the home of
39 such relative or other suitable person within twenty-four hours and
40 thereafter expedite approval or certification of such relative or other
41 suitable person, if qualified, as a foster parent. If such home is found
42 to be unqualified for approval or certification, the local commissioner
43 shall report such fact to the court forthwith so that the court may make
44 a placement determination that is in the best interests of the child.
45 S 14. Section 532-a of the executive law is amended by adding a new
46 subdivision 7 to read as follows:
47 7. "SAFE HOUSE" SHALL MEAN A RESIDENTIAL PROGRAM FOR SEXUALLY
48 EXPLOITED CHILDREN AS DEFINED IN SECTION FOUR HUNDRED FORTY-SEVEN-A OF
49 THE SOCIAL SERVICES LAW. AN APPROVED RUNAWAY PROGRAM MAY OPERATE A
50 SHORT-TERM SAFE HOUSE FOR SEXUALLY EXPLOITED CHILDREN. A TRANSITIONAL
51 INDEPENDENT LIVING SUPPORT PROGRAM MAY OPERATE A LONG-TERM SAFE HOUSE
52 FOR SEXUALLY EXPLOITED CHILDREN.
53 S 15. This act shall take effect on the same date and in the same
54 manner as chapter 569 of the laws of 2008, as amended, takes effect.
