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
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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.