§ 349-A — Procedures to insure the protection of victims of domestic violence

New York § 349-A

• Jurisdiction: New York
• Law SOS: Social Services
• Title 10: Aid to Dependent Children
• Art. 5: Assistance and Care

Text

§ 349-a. Procedures to insure the protection of victims of domestic\nviolence. 1. The department, after consultation with the office for the\nprevention of domestic violence and statewide domestic violence advocacy\ngroups, shall by regulation establish requirements for social services\ndistricts to notify all applicants and, upon recertification,\nrecipients, of procedures for protection from domestic violence and the\navailability of services. Such notice shall inform applicants and\nrecipients that the social services district will make periodic inquiry\nregarding the existence of domestic violence affecting the individual.\nSuch notice shall also inform individuals that response to these\ninquiries is voluntary and confidential; provided, however, that\ninformation regarding neglect or abuse of children will be reported to\nchild protective services.\n 2. Such inquiry shall be performed utilizing a universal screening\nform to be developed by the department after consultation with the\noffice for the prevention of domestic violence and statewide domestic\nviolence advocacy groups. Such screening may be conducted by telephone\nor other digital means at the request of the applicant or recipient. An\nindividual may request such screening at any time, and any individual\nwho at any time self identifies as a victim of domestic violence shall\nbe afforded the opportunity for such screening.\n 3. An individual indicating the presence of domestic violence, as a\nresult of such screening, shall be promptly referred to a domestic\nviolence liaison who meets training requirements established by the\ndepartment, after consultation with the office for the prevention of\ndomestic violence and statewide domestic violence advocacy groups.\n 4. Following referral to a domestic violence liaison, (a) the\nindividual shall be informed by the domestic violence liaison of\nservices, which shall be available on a voluntary basis; and (b) the\ndomestic violence liaison shall conduct an assessment to determine if\nand to what extent domestic violence is a barrier to the individual's\ncompliance with public assistance requirements or to employment and such\nassessment shall be based upon an attestation or the relevant\ninformation and corroborating evidence provided by the individual\nalleging such abuse; and (c) the domestic violence liaison shall grant\nany appropriate waivers of such program requirements based on such\nassessment. Such waivers shall, to the extent permitted by federal law,\ninclude, but not be limited to, residency requirements, child support\ncooperation requirements and employment and training requirements;\nprovided, however, that exemptions from the sixty month limit on receipt\nof benefits under the federal temporary assistance to needy families\nblock grant program shall be available only when the individual would\nnot be required to participate in work or training activities because of\nan independently verified physical or mental impairment resulting from\ndomestic violence, anticipated to last for three months or longer, or if\nthe individual is unable to work because of the need to care for a\ndependent child who is disabled as a result of domestic violence.\nProvided, however, that pursuant to section one hundred forty-two of the\nwelfare reform act of 1997 victims of domestic violence may be exempted\nfrom the application of subdivision two of section three hundred\nforty-nine of this article on the basis of hardship.\n 5. Waivers granted pursuant to subdivision five of this section shall\nbe provided pursuant to a determination of good cause in cases where\ncompliance with such requirements would make it more difficult for the\nindividual or the individual's children to escape from domestic\nviolence, or subject the individual, or the individual's children, to\nfurther risk of domestic violence. Such waivers shall be for an initial\nperiod of no less than four months; provided, however, that all such\nwaivers shall be subject to on-going review of the individual's\ncircumstances by the domestic violence liaison, and may be extended,\nmodified or terminated in accordance therewith. An individual may\ndecline a waiver or terminate an existing waiver at any time without\npenalty.\n 6. Information with respect to victims of domestic violence shall not\nbe released to any outside party or parties or other governmental\nagencies unless the information is required to be disclosed by law, or\nunless authorized in writing by the applicant or recipient.\n 7. When used in this section, the term statewide domestic violence\nadvocacy groups shall mean an organization designated by the federal\ndepartment of health and human services to coordinate statewide\nimprovements within local communities, social services systems, and\nprogramming regarding the prevention and intervention of domestic\nviolence in New York state.\n