S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6126
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 28, 2019
                                ___________
 
 Introduced by M. of A. TITUS, MOSLEY, OTIS, STECK, COLTON -- Multi-Spon-
   sored by -- M.  of A. PERRY -- read once and referred to the Committee
   on Social Services
 
 AN  ACT  to  amend  the  social services law, in relation to residential
   services for pregnant victims of domestic violence

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  459-b  of the social services law, as amended by
 chapter 7 of the laws of 2016, is amended to read as follows:
   § 459-b. Residential services for victims  of  domestic  violence.  In
 accordance with section one hundred thirty-one-u of this chapter and the
 regulations  of  the  office  of  children and family services, a social
 services district shall offer and provide necessary and available  emer-
 gency  shelter  and  services  for  up  to  ninety days at a residential
 program for victims  of  domestic  violence  to  a  victim  of  domestic
 violence who was residing in the social services district at the time of
 the alleged domestic violence whether or not such victim is eligible for
 public assistance. Two forty-five day extensions of necessary and avail-
 able  emergency shelter may be granted beyond the maximum length of stay
 at a residential program for victims of domestic violence for  residents
 who  continue to be in need of emergency services and temporary shelter.
 A VICTIM OF DOMESTIC VIOLENCE  WHO  IS  PREGNANT  DURING  THE  TIME  SHE
 UTILIZES  SUCH  EMERGENCY  SHELTER OR SERVICES MAY BE GRANTED UP TO NINE
 MONTHS OF NECESSARY AND AVAILABLE EMERGENCY SHELTER BEYOND  THE  MAXIMUM
 LENGTH OF STAY AT A RESIDENTIAL PROGRAM FOR VICTIMS OF DOMESTIC VIOLENCE
 PROVIDED  THAT  SUCH  PREGNANT  WOMAN  IS IN PURSUIT OF AN EDUCATION AND
 TRAINING TO REACH INDEPENDENT STATUS. If the victim of domestic violence
 has a service animal as such term is  defined  in  section  one  hundred
 twenty-three-b  of  the  agriculture  and markets law, or therapy dog as
 such term is defined in section one hundred eight of the agriculture and
 markets law, respectively, such service animal or therapy dog  shall  be
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07712-01-9

 A. 6126                             2
 
 allowed  to  accompany  the victim at the residential program authorized
 pursuant to this section, so long as such accompaniment would not create
 an undue burden as defined by section  two  hundred  ninety-six  of  the
 executive law.
   Where  such  accompaniment would constitute an undue burden, the resi-
 dential program shall make reasonable efforts to facilitate placement of
 such animal at an off-site animal care facility or if reasonable efforts
 fail, provide referral to one or more off-site animal  care  facilities.
 Such  off-site  animal care may include, but not be limited to, boarding
 at a veterinary hospital or under the auspices of  a  duly  incorporated
 humane  society,  or  duly  incorporated  animal  protection association
 approved for such purpose by the department of agriculture and markets.
   Nothing in this section shall be construed  to  limit  any  rights  or
 obligations provided pursuant to federal or state law, including but not
 limited  to  providing  reasonable  accommodations  for individuals with
 disabilities.
   § 2. This act shall take effect on the one hundred eightieth day  next
 succeeding  the  date  upon  which it shall have become a law. Effective
 immediately, the addition, amendment and/or repeal of any rule or  regu-
 lation  necessary  for  the  implementation of this act on its effective
 date are authorized to be made and completed on or before such effective
 date.