S T A T E O F N E W Y O R K
________________________________________________________________________
5504
2023-2024 Regular Sessions
I N A S S E M B L Y
March 15, 2023
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Social Services
AN ACT to amend the social services law, in relation to services for
victims of domestic violence; and to repeal certain provisions of such
law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 4 and 5 of section 459-a of the social
services law, subdivision 4 as added by chapter 838 of the laws of 1987,
the opening paragraph of subdivision 4 and subdivision 5 as amended by
chapter 169 of the laws of 1994, are amended to read as follows:
4. "A DOMESTIC VIOLENCE ORGANIZATION" MEANS AN ORGANIZATION THAT
PROVIDES EMERGENCY SHELTER AND/OR SERVICES AND CARE TO VICTIMS OF DOMES-
TIC VIOLENCE AND THEIR MINOR CHILDREN, AND SHALL INCLUDE, BUT NOT BE
LIMITED TO:
(A) "Residential program for victims of domestic violence" [means any]
WHICH SHALL INCLUDE residential care program certified by the department
and operated by a not-for-profit organization in accordance with the
regulations of the department for the purpose of providing emergency
shelter, services and care to victims of domestic violence. Residential
programs for victims of domestic violence shall include, but shall not
be limited to:
[(a)] (I) "Domestic violence shelters", which shall include any resi-
dential care facility organized for the exclusive purpose of providing
emergency shelter, services and care to victims of domestic violence and
their minor children, if any;
[(b)] (II) "Domestic violence programs" which shall include any facil-
ity which otherwise meets or would meet the requirements of THIS para-
graph [(a) of this subdivision], except that victims of domestic
violence and their minor children, if any, constitute at least seventy
percent of the clientele of such program; and
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05761-01-3
A. 5504 2
[(c)] (III) "Safe home networks" which shall include any organized
network of private homes offering emergency shelter and services to
victims of domestic violence and their minor children, if any. Such
network shall be coordinated by a not-for-profit organization.
[5.] (B) "Non-residential program for victims of domestic violence"
[means] WHICH SHALL INCLUDE any program operated by a not-for-profit
organization, for the purpose of providing non-residential services to
victims of domestic violence, including, but not limited to, information
and referral services, advocacy, counseling, and community education and
outreach activities and providing or arranging for hotline services.
Victims of domestic violence and their children, if any, shall consti-
tute at least seventy percent of the clientele of such programs.
§ 2. The opening paragraph of section 459-b of the social services
law, as amended by chapter 7 of the laws of 2016, is amended to read as
follows:
[Residential services for victims of domestic violence. In accordance
with section one hundred thirty-one-u of this chapter and the regu-
lations of the office of children and family services, a social services
district shall offer and provide necessary and available emergency shel-
ter 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 available
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.] THE
CARE AND TREATMENT OF SERVICE ANIMALS, THERAPY DOGS AND COMPANION
ANIMALS IN RESIDENTIAL PROGRAMS FOR VICTIMS OF DOMESTIC VIOLENCE. 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 allowed to accompany the victim at the residential
program authorized pursuant to this section, so long as such accompani-
ment would not create an undue burden as defined by section two hundred
ninety-six of the executive law.
§ 3. Section 459-c of the social services law is REPEALED.
§ 4. Section 459-d of the social services law, as renumbered by chap-
ter 169 of the laws of 1994, is renumbered section 459-c, and subdivi-
sions 11 and 12, as added by chapter 838 of the laws of 1987, are
amended to read as follows:
11. [a schedule showing the approved daily rates of reimbursement
payable to residential programs for victims of domestic violence pursu-
ant to section one hundred thirty-one-u of this chapter; and
12.] all such other matters as may be necessary to inform the governor
and the legislature regarding the implementation and effectiveness of
programs covered by this article.
§ 5. Section 459-e of the social services law is renumbered section
459-d.
§ 6. Section 459-f of the social services law is REPEALED.
§ 7. Sections 459-g and 459-h of the social services law, section
459-h as renumbered by chapter 428 of the laws of 2009, are renumbered
sections 459-e and 459-f.
§ 8. Section 131-u of the social services law, as amended by chapter
169 of the laws of 1994, the section heading and opening paragraph of
A. 5504 3
subdivision 1 as amended by section 1 and subdivision 2 as amended by
section 3 of part J of chapter 56 of the laws of 2019, is amended to
read as follows:
§ 131-u. Domestic violence services. 1. Notwithstanding any inconsist-
ent provision of law, [a social services district] THE DEPARTMENT shall,
in accordance with the provisions of this section and regulations of the
department, [offer and provide emergency shelter and services at a resi-
dential program] ENSURE THAT RESIDENTIAL AND NON-RESIDENTIAL SERVICES
AND CARE ARE SUFFICIENTLY AVAILABLE AND ACCESSIBLE IN EVERY COUNTY OF
THE STATE for victims of domestic violence, as defined in article six-A
of this chapter[, to the extent that such shelter and services are
necessary and available to a victim of domestic violence, as defined in
article six-A of this chapter, and in need of emergency shelter and
services, who was residing in the social services district at the time
of the alleged domestic violence] AND THEIR MINOR CHILDREN.
2. [The department shall annually establish, subject to the approval
of the director of the budget, a daily rate of reimbursement for each
residential program for victims of domestic violence, as defined in
article six-A of this chapter, certified by the department which
provides emergency shelter and services to persons eligible for such
emergency shelter and services pursuant to this section. A social
services district financially responsible for a victim of domestic
violence shall reimburse a residential program for victims of domestic
violence for the costs of emergency shelter and services provided to
such victim at the daily reimbursement rate established by the depart-
ment reduced by any other reimbursement available for such costs]
SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET, THE COMMISSIONER
IS HEREBY AUTHORIZED TO ENTER INTO CONTRACTS WITH DOMESTIC VIOLENCE
ORGANIZATIONS, AS DEFINED IN SECTION FOUR HUNDRED FIFTY-NINE-A OF THIS
CHAPTER, TO PROVIDE STATE FINANCIAL ASSISTANCE TO SUPPORT THE PROVISIONS
OF DOMESTIC VIOLENCE RESIDENTIAL AND NON-RESIDENTIAL SERVICES AND CARE
FOR VICTIMS OF DOMESTIC VIOLENCE AND THEIR MINOR CHILDREN.
3. THE STATE FINANCIAL ASSISTANCE SHALL BE IN THE FORM OF GRANTS.
4. THE COMMISSIONER SHALL REQUIRE THAT, IN ORDER TO RECEIVE FUNDS
PURSUANT TO THIS ARTICLE, DOMESTIC VIOLENCE ORGANIZATIONS, AS DEFINED IN
ARTICLE SIX-A OF THIS CHAPTER, SHALL SUBMIT AN OPERATING PLAN. SUCH PLAN
SHALL INCLUDE:
(A) THE MANNER IN WHICH THE OPERATING EXPENSES OF THE PROGRAM SHALL BE
MET;
(B) THE SERVICES THAT WILL BE PROVIDED TO VICTIMS OF DOMESTIC
VIOLENCE; AND
(C) EVIDENCE DEMONSTRATING THAT SERVICES WILL BE OFFERED IN A MANNER
THAT COMPLIES WITH EXISTING LOCAL, STATE AND FEDERAL LAWS AND REGU-
LATIONS.
5. EACH CONTRACT ENTERED INTO FOR THE PROVISION OF SERVICES FOR
VICTIMS OF DOMESTIC VIOLENCE AND THEIR CHILDREN, PURSUANT TO THIS ARTI-
CLE, SHALL BE SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET AND
SHALL PROVIDE FOR PAYMENT TO THE NOT-FOR-PROFIT DOMESTIC VIOLENCE ORGAN-
IZATION PURSUANT TO A PAYMENT SCHEDULE. THE FULL AMOUNT OF THE CONTRACT
OR CONTRACTS, OR ANY APPROPRIATE PORTION THEREOF, AS DETERMINED BY THE
COMMISSIONER AND SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET,
SHALL BE AVAILABLE FOR PAYMENT AT ANY TIME ON OR AFTER THE EFFECTIVE
DATE OF SUCH CONTRACT.
§ 9. This act shall take effect immediately.