Legislation

§ 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,
recipients, of procedures for protection from domestic violence and the
availability 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 regarding 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.

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. 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 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.

5. Waivers granted pursuant to subdivision five of this section shall
be provided pursuant to a determination of good cause 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
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.

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.

7. When used in this section, the term statewide domestic violence
advocacy groups shall mean an organization designated by the federal
department of health and human services to coordinate statewide
improvements within local communities, social services systems, and
programming regarding the prevention and intervention of domestic
violence in New York state.