S T A T E O F N E W Y O R K
________________________________________________________________________
2109
2025-2026 Regular Sessions
I N A S S E M B L Y
January 15, 2025
___________
Introduced by M. of A. CLARK -- read once and referred to the Committee
on Social Services
AN ACT to amend the social services law, in relation to self-attestation
for 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 349-a of the social services law, as added by
section 36 of part B of chapter 436 of the laws of 1997, subdivision 2
as amended by chapter 144 of the laws of 2021, is amended to read as
follows:
§ 349-a. Procedures to insure the protection of victims of domestic
violence. 1. The department, after consultation with the office for the
prevention of domestic violence and statewide domestic violence advocacy
groups, shall by regulation establish requirements for social services
districts to notify all applicants and, upon recertification, recipi-
ents, of procedures for protection from domestic violence and the avail-
ability of services. Such notice shall inform applicants and recipients
that the social services district will make periodic inquiry regarding
the existence of domestic violence affecting the individual. Such
notice shall also inform individuals that response to these inquiries is
voluntary and confidential; provided, however, that information regard-
ing neglect or abuse of children will be reported to child protective
services.
2. Such inquiry shall be performed utilizing a universal screening
form to be developed by the department after consultation with the
office for the prevention of domestic violence and statewide domestic
violence advocacy groups. Such screening may be conducted by telephone
or other digital means at the request of the applicant or recipient. An
individual may request such screening at any time, and any individual
who at any time self identifies as a victim of domestic violence shall
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04209-01-5
A. 2109 2
be afforded the opportunity for such screening, OR ALTERNATIVELY, CAN
ATTEST TO THEIR STATUS AS A VICTIM OF DOMESTIC VIOLENCE.
3. An individual indicating the presence of domestic violence, as a
result of such screening OR ATTESTATION, shall be promptly referred to a
domestic violence liaison who meets training requirements established by
the department, after consultation with the office for the prevention of
domestic violence and statewide domestic violence advocacy groups.
4. [The domestic violence liaison shall assess the credibility of the
individual's assertion of domestic violence. Such assessment shall be
based upon the relevant information and corroborating evidence, but
shall in the absence of other sufficient evidence include, at a minimum,
a sworn statement by the individual alleging such abuse.
5.] Upon [a determination that the individual's allegation is credi-
ble] REFERRAL TO A DOMESTIC VIOLENCE LIAISON, (a) the individual shall
be informed of services, which shall be available on a voluntary basis;
and (b) the domestic violence liaison shall conduct an assessment to
determine if and to what extent domestic violence is a barrier to
compliance with public assistance requirements or to employment; and (c)
shall assess the need for waivers of such program requirements. Such
waivers shall, to the extent permitted by federal law, include, but not
be limited to, residency requirements, child support cooperation
requirements and employment and training requirements; provided, howev-
er, that exemptions from the sixty month limit on receipt of benefits
under the federal temporary assistance to needy families block grant
program shall be available only when the individual would not be
required to participate in work or training activities because of an
independently verified physical or mental impairment resulting from
domestic violence, anticipated to last for three months or longer, or if
the individual is unable to work because of the need to care for a
dependent child who is disabled as a result of domestic violence.
Provided, however, that pursuant to section one hundred forty-two of the
welfare reform act of 1997 victims of domestic violence may be exempted
from the application of subdivision two of section three hundred forty-
nine of this article on the basis of hardship.
[6.] 5. Waivers granted pursuant to subdivision [five] FOUR of this
section shall be provided pursuant to [a determination of good cause] AN
INDIVIDUAL'S SELF-ATTESTATION AS A VICTIM OF DOMESTIC VIOLENCE in cases
where compliance with such requirements would make it more difficult for
the individual or the individual's children to escape from domestic
violence, or subject the individual, or the individual's children, to
further risk of domestic violence. Such waivers shall be for an initial
period of no less than four months; provided, however, that all such
waivers shall be subject to on-going review of the individual's circum-
stances by the domestic violence liaison, and may be extended, modified
or terminated in accordance therewith. An individual may decline a waiv-
er or terminate an existing waiver at any time without penalty.
[7.] 6. Information with respect to victims of domestic violence shall
not be released to any outside party or parties or other governmental
agencies unless the information is required to be disclosed by law, or
unless authorized in writing by the applicant or recipient.
§ 2. This act shall take effect immediately.