New York Codes, Rules and Regulations
Title 18 - DEPARTMENT OF SOCIAL SERVICES
Chapter II - Regulations of the Department of Social Services
Subchapter K - Victims Of Human Trafficking
Part 765 - Confirmation As A State-confirmed Human Trafficking Victim
Section 765.2 - Definitions
Current through Register Vol. 44, No. 51, December 21, 2022
When used in this Part:
(a) The term office shall mean the Office of Temporary and Disability Assistance.
(b) The term division shall mean the Division of Criminal Justice Services.
(c) The term human trafficking victim shall mean a victim of sex trafficking, as defined in section 230.34 of the Penal Law, or a victim of labor trafficking, as defined in section 135.35 of the Penal Law.
(d) The term subject of referral shall mean a human trafficking victim referred by a statutory referral source under section 483- cc(a) of the Social Services Law to the division and the office for assessment as a State-confirmed human trafficking victim.
(e) The term statutory referral source shall mean either (i) the law enforcement agency or district attorney's office , or (ii) an established provider of social or legal services designated by the office, the Office for the Prevention of Domestic Violence, or the Office of Victim Services that, as soon as practicable after a first encounter with a person who reasonably appears to be a human trafficking victim, refers such human trafficking victim to the division and the office for assessment as a State-confirmed human trafficking victim. Provided however, in the case of an established provider of social or legal services, such established provider shall make such referral if the victim consents to seeking services pursuant to section 483-cc(a) of the Social Services Law.
(f) The term established provider of social or legal services shall include public agencies, county or municipal governments, or any subdivisions thereof; not-for-profit corporations, including charitable organizations incorporated, registered and in good standing with the charities bureau of the New York State Attorney General's Office; faith-based organizations; and educational institutions.
(g) The term State-confirmed human trafficking victim shall mean a human trafficking victim referred by a statutory referral source who appears to meet the criteria for certification as a victim of a severe form of trafficking in persons pursuant to the federal Trafficking Victims Protection Act set forth in section 7105 of 22 U.S.C. (United States Code Annotated, Title 22, section 7105; Thomson West, West Headquarters, 610 Opperman Drive, Eagan, MN 55123. Copies may be obtained from the Office of Temporary and Disability Assistance, Public Information Office, 40 North Pearl Street, Albany, New York 12243-0001) or appears to be otherwise eligible for any Federal, State, or local benefits and services, in the judgment of the division, in consultation with the office and statutory referral source.
(h) The term case management provider shall mean an entity under contract with the office pursuant to section 483-bb(b) of the Social Services Law to provide services to certain State-confirmed human trafficking victims.
Amended New York State Register April 27, 2016/Volume XXXVIII, Issue 17, eff.4/27/2016