Relates to sexually exploited children

* 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.