Senate Bill S7619

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7619
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              April 23, 2025
                                ___________
 
 Introduced  by  Sen.  WEBB  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Children and Families
 
 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
 be afforded the opportunity for such screening.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04209-03-5
              

 S. 7619                             2
 
   3. An individual indicating the presence of domestic  violence,  as  a
 result  of  such  screening,  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  credible]
 FOLLOWING  REFERRAL  TO  A DOMESTIC VIOLENCE LIAISON, (a) the individual
 shall be informed BY THE DOMESTIC VIOLENCE LIAISON  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  THE INDIVIDUAL'S compliance with
 public assistance requirements or  to  employment  AND  SUCH  ASSESSMENT
 SHALL  BE  BASED  UPON  AN  ATTESTATION  OR THE RELEVANT INFORMATION AND
 CORROBORATING EVIDENCE PROVIDED BY THE INDIVIDUAL ALLEGING  SUCH  ABUSE;
 and  (c) THE DOMESTIC VIOLENCE liaison shall [assess the need for] GRANT
 ANY APPROPRIATE waivers of  such  program  requirements  BASED  ON  SUCH
 ASSESSMENT.  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, however, 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  in
 cases  where compliance with such requirements would make it more diffi-
 cult for the individual or the  individual's  children  to  escape  from
 domestic  violence, or subject the individual, or the individual's chil-
 dren, 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
 circumstances by the domestic violence liaison,  and  may  be  extended,
 modified  or  terminated  in  accordance  therewith.  An  individual may
 decline a waiver 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.