§ 575 — New York state office for the prevention of domestic violence

New York § 575

• Jurisdiction: New York
• Law EXC: Executive
• Art. 21: New York State Office For the Prevention of Domestic Violence

Text

§ 575. New York state office for the prevention of domestic violence.\n1. Establishment of office. There is hereby established within the\nexecutive department the "New York state office for the prevention of\ndomestic violence", hereinafter in this section referred to as the\n"office".\n 2. Duties and responsibilities. The office shall advise the governor\nand the legislature on the most effective ways for state government to\nrespond to the problem of domestic violence. In fulfilling this\nresponsibility, the office shall consult with experts, service providers\nand representative organizations in the field of domestic violence and\nshall act as an advocate for domestic violence victims and programs.\n 3. Activities. In addition, the office shall develop and implement\npolicies and programs designed to assist victims of domestic violence\nand their families, and to provide education and prevention, training\nand technical assistance. Such domestic violence-related activities\nshall include, but not be limited to:\n (a) Serving as a clearinghouse for information and materials;\n (b) Developing and coordinating community outreach and public\neducation throughout the state;\n (c) Developing and delivering training to professionals, including but\nnot limited to professionals in the fields of:\n (i) domestic violence;\n (ii) health and mental health;\n (iii) social and human services;\n (iv) public education;\n (v) law enforcement and criminal justice;\n (vi) alcohol and substance abuse;\n (d) Developing and promoting school-based prevention programs;\n (e) Providing technical assistance to state and local government\nbodies and other agencies and to private not-for-profit corporations, on\neffective policies and responses to domestic violence, including\ndevelopment of model domestic violence policies, pursuant to\nsubdivisions seven, eight and nine of this section;\n (f) Promoting and facilitating interagency cooperation among state\nagencies and intergovernmental cooperation between different levels of\ngovernment in the state in the delivery and/or funding of services;\n (g) Operating as an advocate for domestic violence services and\nvictims;\n (h) Undertaking program and services needs assessments on its own\ninitiative or at the request of the governor, the legislature or service\nproviders;\n (i) Examining the relationship between domestic violence and other\nproblems and making recommendations for effective policy response;\n (j) Collecting data, conducting research, and holding public hearings;\n (k) Making periodic reports to the governor and the legislature\nrecommending policy and program directions and reviewing the activities\nof the office;\n (l) Developing and promoting senior center based prevention programs;\n (m) promoting best practices for abusive partner intervention;\n (n) Administering grant funds appropriated and made available to\nsupport compliance with article one hundred twenty-nine-b of the\neducation law; and undertaking such actions, duties, and\nresponsibilities as may be necessary to serve the purpose of article one\nhundred twenty-nine-b of the education law; and\n (o) (i) Within amounts appropriated for such purpose, the office shall\ncontract with an organization designated by the federal department of\nhealth and human services to coordinate statewide improvements within\nlocal communities, social services systems, and programming regarding\nthe prevention and intervention of domestic violence in New York state\nto mutually develop a training program as described in this paragraph.\nThe office and such organization shall be responsible for providing such\ntraining to psychiatrists, psychologists and social workers who are\nlicensed in the state of New York, so that such individuals may conduct\ncourt ordered forensic evaluations, involving child custody and\nvisitation pursuant to paragraph (a-3) of subdivision one of section two\nhundred forty of the domestic relations law; for consulting with\ndomestic violence service providers and representative organizations in\nthe field of domestic violence when such training is provided in their\ncommunities; and for reviewing and updating training topics at least\nonce every two years. Such training shall include, but not be limited\nto, a review of: relevant statutes; case law and psychological\ndefinitions of domestic violence; coercive control and child abuse; the\ndynamics and effects of domestic violence and child abuse, including but\nnot limited to, emotional, financial, physical, technological and sexual\nabuse; the barriers and fears associated with reporting domestic\nviolence and child abuse and why victims may not have documented\nevidence of abuse; tactics commonly used by one party to induce fear in\nanother party or child, including verbal, emotional, psychological,\nand/or economic abuse, isolating techniques, coercive control, and\nmonitoring of a partner's location and activities; litigation abuse and\ndemands for custody or joint custody in order to pressure the partner to\nreturn or punish the partner for leaving; trauma, particularly as it\nrelates to sexual abuse and the risks posed to children and the\nlong-term dangers and impacts imposed by the presence of adverse\nchildhood experiences; the increased risk of escalating violence that\noccurs during child custody proceedings; and the danger of basing child\ncustody decisions on claims that a child's deficient or negative\nrelationship with a parent is caused by the other parent.\n (ii) The office, in consultation with the organization designated by\nthe federal department of health and human services to coordinate\nstatewide improvements within local communities, social services\nsystems, and programming regarding the prevention and intervention of\ndomestic violence in New York state, shall determine a reasonable number\nof training-hours that shall be required for the first instance such\nprogram is provided to psychiatrists, psychologists and social workers\nand a reasonable number of training-hours that shall be required for\nsubsequent refresher courses provided to such individuals.\n (iii) The organization designated by the federal department of health\nand human services to coordinate statewide improvements within local\ncommunities, social services systems, and programming regarding the\nprevention and intervention of domestic violence in New York state shall\nbe responsible for providing a certification of completion to each\npsychiatrist, psychologist or social worker who satisfies the\nrequirements of such training program, so that such individuals may\nconduct court ordered forensic evaluations involving child custody and\nvisitation pursuant to paragraph (a-3) of subdivision one of section two\nhundred forty of the domestic relations law; and\n (p) Any other activities including the making of and promulgation of\nrules and regulations deemed necessary to facilitate the prevention of\ndomestic violence within the scope and purview of this article which are\nnot otherwise inconsistent with any other provisions of law.\n 4. Advisory council. (a) An advisory council is hereby established to\nmake recommendations on domestic violence related issues and effective\nstrategies for the prevention of domestic violence, to assist in the\ndevelopment of appropriate policies and priorities for effective\nintervention, public education and advocacy, and to facilitate and\nassure communication and coordination of efforts among state agencies\nand between different levels of government, state, federal, and\nmunicipal, for the prevention of domestic violence.\n (b) The advisory council shall consist of nine members and seventeen\nex-officio members. Each member shall be appointed to serve for a term\nof three years and shall continue in office until a successor appointed\nmember is made. A member appointed to fill a vacancy shall be appointed\nfor the unexpired term of the member he or she is to succeed. All of the\nmembers shall be individuals with expertise in the area of domestic\nviolence. Three members shall be appointed by the governor, two members\nshall be appointed upon the recommendation of the temporary president of\nthe senate, two members shall be appointed upon the recommendation of\nthe speaker of the assembly, one member shall be appointed upon the\nrecommendation of the minority leader of the senate, and one member\nshall be appointed upon the recommendation of the minority leader of the\nassembly. The ex-officio members of the advisory board shall consist of\nthe director of the office, who shall chair the council, and the\nfollowing members or their designees: the commissioner of the office of\ntemporary and disability assistance; the commissioner of the department\nof health; the commissioner of the education department; the\ncommissioner of the office of mental health; the commissioner of the\noffice of addiction services and supports; the commissioner of the\ndivision of criminal justice services; the superintendent of the\ndivision of state police; the director of the office of probation and\ncorrectional alternatives; the commissioner of the office of children\nand family services; the director of the office of victim services; the\nchief administrative judge of the office of court administration; the\ncommissioner of the department of labor; the director of the state\noffice for the aging; the commissioner of the department of corrections\nand community supervision; the commissioner of homes and community\nrenewal; the chief executive officer of the New York state coalition\nagainst domestic violence; and the executive director of the New York\nstate coalition against sexual assault.\n (c) The advisory council shall meet as often as deemed necessary by\nthe chair but in no event less than two times per year.\n (d) The members of the advisory council shall receive no salary or\nother compensation for their services but shall be entitled to\nreimbursement for actual and necessary expenses incurred in the\nperformance of their duties within amounts made available by\nappropriation therefor subject to the approval of the director of the\nbudget. The ex-officio members of the advisory council shall receive no\nadditional compensation for their services on the advisory council above\nthe salary they receive from the respective departments or divisions\nthat employ them.\n 5. Executive director. (a) The governor shall appoint an executive\ndirector of the office who shall serve at the pleasure of the governor.\n (b) The executive director shall receive an annual salary fixed by the\ngovernor within the amounts appropriated specifically therefor and shall\nbe entitled to reimbursement for reasonable expenses incurred in\nconnection with the performance of the director's duties.\n (c) The director of the office, with the approval of the governor, may\naccept as agent of the state any grant, including federal grants, or any\ngift or donation for any of the purposes of this article. Any moneys so\nreceived may be expended by the office to effectuate any purpose of this\narticle, subject to the applicable provisions of the state finance law.\n (d) The executive director shall appoint staff and perform such other\nfunctions to ensure the efficient operation of the office.\n 6. Assistance of other agencies. The office may request and shall\nreceive in a timely manner from any department, division, board, bureau,\ncommission or agency of the state, such information and assistance as\nshall enable it to properly carry out its powers and duties pursuant to\nthis article.\n 7. Model domestic violence policy for counties. (a) The office shall\nconvene a task force of county level municipal officials, municipal\npolice and members of the judiciary, or their representatives, and\ndirectors of domestic violence programs, including representatives from\na statewide advocacy organization for the prevention of domestic\nviolence, to develop a model domestic violence policy for counties. For\nthe purposes of this subdivision, "county" shall have the same meaning\nas such term is defined in section three of the county law, except that\nthe city of New York shall be deemed to be one county. The office shall\ngive due consideration to the recommendations of the governor, the\ntemporary president of the senate and the speaker of the assembly for\nparticipation by any person on the task force, and shall make reasonable\nefforts to assure regional balance in membership.\n (b) The purpose of the model policy shall be to provide consistency\nand coordination by and between county agencies and departments,\nincluding criminal justice agencies and the judiciary, and, as\nappropriate, by municipalities or other jurisdictions within the county\nand other governmental agencies and departments, by assuring that best\npractices, policies, protocols and procedures are used to address the\nissue of domestic violence, and to secure the safety of the victim\nincluding, but not limited to:\n (i) response, investigation and arrest policies by police agencies;\n (ii) response by other criminal justice agencies, including\ndisposition of domestic violence complaints, the provision of\ninformation and orders of protection;\n (iii) response by human services and health agencies, including\nidentification, assessment, intervention and referral policies and\nresponses to victims and the perpetrators of domestic violence;\n (iv) training and appropriate and relevant measures for periodic\nevaluation of community efforts; and\n (v) other issues as shall be appropriate and relevant for the task\nforce to develop such policy.\n (c) Such model policy shall be reviewed by the task force to assure\nconsistency with existing law and shall be made the subject of public\nhearings convened by the office throughout the state at places and at\ntimes which are convenient for attendance by the public, after which the\npolicy shall be reviewed by the task force and amended as necessary to\nreflect concerns raised at the hearings. If approved by the task force,\nsuch model policy shall be provided as approved with explanation of its\nprovisions to the governor and the legislature not later than two years\nafter the effective date of this subdivision. Notification of the\navailability of such model domestic violence policy shall be made by the\noffice to every county in the state, and copies of the policy shall be\nmade available to them upon request.\n (d) The office in consultation with the task force, providers of\nservice, the advisory council and others, including representatives of a\nstatewide advocacy organization for the prevention domestic violence,\nshall provide technical support, information and encouragement to\ncounties to implement the provisions of the model policy on domestic\nviolence.\n (e) Nothing contained in this subdivision shall be deemed to prevent\nthe governing body of a county from designating a local advisory\ncommittee to investigate the issues, work with providers of domestic\nviolence programs and other interested parties, and to aid in the\nimplementation of the policy required by this subdivision. Such\ngoverning body or advisory committee may request and shall receive\ntechnical assistance from the office for the development of such a\npolicy. Implementation of the model domestic violence policy may take\nplace in a form considered appropriate by the governing body of a\ncounty, including guidelines, regulations and local laws.\n (f) The office shall survey county governments within four years of\nthe effective date of this subdivision to determine the level of\ncompliance with the model domestic violence policy, and shall take such\nsteps as shall be necessary to aid county governments in the\nimplementation of such policy.\n 8. State domestic violence policy. (a) The office shall survey every\nstate agency to determine any activities, programs, rules, regulations,\nguidelines or statutory requirements that have a direct or indirect\nbearing on the state's efforts and abilities to address the issue of\ndomestic violence including, but not limited to, the provision of\nservices to victims and their families. Within two years of the\neffective date of this subdivision, the office shall compile such\ninformation and provide a report, with appropriate comments and\nrecommendations, to the governor and the legislature. For the purposes\nof this subdivision, "state agency" shall have the same meaning as such\nterm is defined in section two-a of the state finance law.\n (b) Within three years of the effective date of this subdivision the\noffice shall recommend a state domestic violence policy consistent with\nstatute and best practice, policies, procedures and protocols to the\ngovernor and the legislature. The purpose of such model policy shall be\nto provide consistency and coordination by and between state agencies\nand departments to address the issue of domestic violence. In developing\nsuch model policy, the office shall consult with a statewide advocacy\norganization for the prevention of domestic violence, and shall assure\nthat the advisory council reviews all data and recommendations and shall\nnot submit such model policy until approved by the advisory council.\nSuch recommendations shall be provided exclusive of any study or report\nthe office is required to undertake pursuant to a chapter of the laws of\nnineteen hundred ninety-four, entitled "the family protection and\ndomestic violence intervention act of 1994".\n (c) No state agency shall promulgate a rule pursuant to the state\nadministrative procedure act, or adopt a guideline or other procedure,\nincluding a request for proposals, directly or indirectly affecting the\nprovision of services to victims of domestic violence, or the provision\nof services by residential or non-residential domestic violence\nprograms, as such terms are defined in section four hundred fifty-nine-a\nof the social services law, or establish a grant program directly or\nindirectly affecting such victims of domestic violence or providers of\nservice, without first consulting the office, which shall provide all\ncomments in response to such rules, guidelines or procedures in writing\ndirectly to the chief executive officer of such agency, to the\nadministrative regulations review committee and to the appropriate\ncommittees of the legislature having jurisdiction of the subject matter\naddressed within two weeks of receipt thereof, provided that failure of\nthe office to respond as required herein shall not otherwise impair the\nability of such state agency to promulgate a rule. This paragraph shall\nnot apply to an appropriation which finances a contract with a\nnot-for-profit organization which has been identified for a state agency\nwithout the use of a request for proposals.\n 9. Model domestic violence employee awareness and assistance policy.\n(a) The office shall convene a task force including members of the\nbusiness community, employees, employee organizations, representatives\nfrom the department of labor and the empire state development\ncorporation, and directors of domestic violence programs, including\nrepresentatives of statewide advocacy organizations for the prevention\nof domestic violence, to develop a model domestic violence employee\nawareness and assistance policy for businesses.\n The office shall give due consideration to the recommendations of the\ngovernor, the temporary president of the senate, and the speaker of the\nassembly for participation by any person on the task force, and shall\nmake reasonable efforts to assure regional balance in membership.\n (b) The purpose of the model employee awareness and assistance policy\nshall be to provide businesses with the best practices, policies,\nprotocols and procedures in order that they ascertain domestic violence\nawareness in the workplace, assist affected employees, and provide a\nsafe and helpful working environment for employees currently or\npotentially experiencing the effects of domestic violence. The model\nplan shall include but not be limited to:\n (i) the establishment of a definite corporate policy statement\nrecognizing domestic violence as a workplace issue as well as promoting\nthe need to maintain job security for those employees currently involved\nin domestic violence disputes;\n (ii) policy and service publication requirements, including posting\nsaid policies and service availability pamphlets in break rooms, on\nbulletin boards, restrooms and other communication methods;\n (iii) a listing of current domestic violence community resources such\nas shelters, crisis intervention programs, counseling and case\nmanagement programs, legal assistance and advocacy opportunities for\naffected employees;\n (iv) measures to ensure workplace safety including, where appropriate,\ndesignated parking areas, escort services and other affirmative\nsafeguards;\n (v) training programs and protocols designed to educate employees and\nmanagers in how to recognize, approach and assist employees experiencing\ndomestic violence, including both victims and batterers; and\n (vi) other issues as shall be appropriate and relevant for the task\nforce in developing such model policy.\n (c) Such model policy shall be reviewed by the task force to assure\nconsistency with existing law and shall be made the subject of public\nhearings convened by the office throughout the state at places and at\ntimes which are convenient for attendance by the public, after which the\npolicy shall be reviewed by the task force and amended as necessary to\nreflect concerns raised at the hearings. If approved by the task force,\nsuch model policy shall be provided as approved with explanation of its\nprovisions to the governor and the legislature not later than one year\nafter the effective date of this subdivision. The office shall make\nevery effort to notify businesses of the availability of such model\ndomestic violence employee awareness and assistance policy.\n (d) The office in consultation with the task force, providers of\nservices, the advisory council, the department of labor, the empire\nstate development corporation, and representatives of statewide advocacy\norganizations for the prevention of domestic violence, shall provide\ntechnical support, information, and encouragement to businesses to\nimplement the provisions of the model domestic violence employee\nawareness and assistance policy.\n (e) Nothing contained in this subdivision shall be deemed to prevent\nbusinesses from adopting their own domestic violence employee awareness\nand assistance policy.\n (f) The office shall survey businesses within four years of the\neffective date of this section to determine the level of model policy\nadoption amongst businesses and shall take steps necessary to promote\nthe further adoption of such policy.\n 10. Fatality review team. (a) There shall be established within the\noffice a fatality review team for the purpose of analyzing, in\nconjunction with local representation, the domestic violence-related\ndeath or near death of individuals, with the goal of:\n (i) examining the trends and patterns of domestic violence-related\nfatalities in New York state;\n (ii) educating the public, service providers, and policymakers about\ndomestic violence fatalities and strategies for intervention and\nprevention; and\n (iii) recommending policies, practices, procedures, and services to\nreduce fatalities due to domestic violence.\n (b) A domestic violence-related death or near death shall mean any\ndeath or near death caused by a family or household member as defined in\nsection eight hundred twelve of the family court act or section 530.11\nof the criminal procedure law, except that there shall be no review of\nthe death or near death of a child for those cases in which the office\nof children and family services is required to issue a fatality report\nin accordance with subdivision five of section twenty of the social\nservices law.\n (c) The team shall review deaths or near deaths in cases that have\nbeen adjudicated and have received a final judgment and that are not\nunder investigation.\n (d) Members of a domestic violence fatality review team shall be\nappointed by the executive director, in consultation with the advisory\ncouncil, and shall include, but not be limited to, one representative\nfrom the office of children and family services, the office of temporary\nand disability assistance, the division of criminal justice services,\nthe state police, the department of health, the office of court\nadministration, the office of probation and correctional alternatives,\nthe department of corrections and community supervision, the office of\nvictim services, at least one representative from local law enforcement,\na county prosecutor's office, a local social services district, a member\nof the judiciary, and a domestic violence services program approved by\nthe office of children and family services. A domestic violence fatality\nreview team may also include representatives from sexual assault\nservices programs, public health, mental health and substance abuse\nagencies, hospitals, clergy, local school districts, local divisions of\nprobation, local offices of the department of corrections and community\nsupervision, the office of the medical examiner or coroner, any local\ndomestic violence task force, coordinating council or other interagency\nentity that meets regularly to support a coordinated community response\nto domestic violence, any other program that provides services to\ndomestic violence victims, or any other person necessary to the work of\nthe team, including survivors of domestic violence.\n (e) The team shall identify potential cases and shall select which\ndeaths or near deaths will be reviewed each year. Localities may request\nthat the team conduct a review of a particular death or near death.\n (f) The team shall work with officials and organizations within the\ncommunity where the death or near death occurred to conduct each review.\n (g) Team members shall serve without compensation but are entitled to\nbe reimbursed for travel expenses to the localities where a fatality\nreview will be conducted and members who are full-time salaried officers\nor employees of the state or of any political subdivision of the state\nare entitled to their regular compensation.\n (h) To the extent consistent with federal law, upon request the team\nshall be provided client-identifiable information and records necessary\nfor the investigation of a domestic violence-related death or near death\nincident, including, but not limited to:\n (i) records maintained by a local social services district;\n (ii) law enforcement records, except where the provision of such\nrecords would interfere with an ongoing law enforcement investigation or\nidentify a confidential source or endanger the safety or welfare of an\nindividual;\n (iii) court records;\n (iv) probation and parole records;\n (v) records from domestic violence residential or non-residential\nprograms;\n (vi) records from any relevant service provider, program or\norganization; and\n (vii) all other relevant records in the possession of state and local\nofficials or agencies provided, however, no official or agency shall be\nrequired to provide information or records concerning a person charged,\ninvestigated or convicted in such death or near death in violation of\nsuch person's attorney-client privilege.\n (i) Any information or records otherwise confidential and privileged\nin accordance with state law which are provided to the team shall remain\nconfidential as otherwise provided by law. All records received,\nmeetings conducted, reports and records made and maintained and all\nbooks and papers obtained by the team shall be confidential and shall\nnot be open or made available, except by court order or as set forth in\nparagraphs (k) and (l) of this subdivision.\n (j) Any person who releases or permits the release of any information\nprotected under paragraph (i) of this subdivision to persons or agencies\nnot authorized to receive such information shall be guilty of a class A\nmisdemeanor.\n (k) Team members and persons who present information to the team shall\nnot be questioned in any civil or criminal proceeding regarding any\nopinions formed as a result of a meeting of the team. Nothing in this\nsection shall be construed to prevent a person from testifying as to\ninformation which is obtained independently of the team or information\nwhich is public.\n (l) Team members are not liable for damages or other relief in any\naction brought by reason of the reasonable and good faith performance of\na duty, function, or activity of the team.\n (m) Consistent with all federal and state confidentiality protections,\nthe team may provide recommendations to any individual or entity for\nappropriate actions to improve a community's response to domestic\nviolence.\n (n) The team shall periodically submit a cumulative report to the\ngovernor and the legislature incorporating the aggregate data and a\nsummary of the general findings and recommendations resulting from the\ndomestic violence fatality reviews completed pursuant to this\nsubdivision. The cumulative report shall thereafter be made available to\nthe public, consistent with federal and state confidentiality\nprotections.\n 11. Gender-based violence and the workplace policies. The office shall\nconsult with the division of human rights, department of labor, an\norganization designated by the federal department of health and human\nservices to coordinate statewide improvements within local communities,\nsocial services systems, and programming regarding the prevention and\nintervention of domestic violence in New York state, and an organization\ndesignated by the federal department of justice to provide direct\nsupport to member rape and crisis centers in New York state through\nfunding, training and technical assistance, public awareness, and public\npolicy advocacy to create and publish a model gender-based violence and\nthe workplace policy that employers may utilize in their adoption of a\ngender-based violence and the workplace policy required by section one\nhundred thirty-nine-m of the state finance law. The office shall also\npublish a model gender-based violence and the workplace policy for\nexecutive agencies that such agencies may utilize in their adoption of a\ngender-based violence and the workplace policy required by section one\nhundred seventy-i of this chapter. Such model gender-based violence and\nthe workplace policy shall be publicly available and posted on the\nwebsites of the office, the department of labor and the division of\nhuman rights.\n