| 1 | 1 | | <STYLE><!--U {color: Green}S {color: RED} I {color: DARKBLUE; background-color:yellow} P.brk {page-break-before:always}--></STYLE> <BASEFONT SIZE=3> <PRE WIDTH="136"> <FONT SIZE=5><B> STATE OF NEW YORK</B></FONT> ________________________________________________________________________ 7619 2025-2026 Regular Sessions <FONT SIZE=5><B> IN SENATE</B></FONT> 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 <B><U>The People of the State of New York, represented in Senate and Assem-</U></B> <B><U>bly, do enact as follows:</U></B> 1 Section 1. Section 349-a of the social services law, as added by 2 section 36 of part B of chapter 436 of the laws of 1997, subdivision 2 3 as amended by chapter 144 of the laws of 2021, is amended to read as 4 follows: 5 § 349-a. Procedures to insure the protection of victims of domestic 6 violence. 1. The department, after consultation with the office for the 7 prevention of domestic violence and statewide domestic violence advocacy 8 groups, shall by regulation establish requirements for social services 9 districts to notify all applicants and, upon recertification, recipi- 10 ents, of procedures for protection from domestic violence and the avail- 11 ability of services. Such notice shall inform applicants and recipients 12 that the social services district will make periodic inquiry regarding 13 the existence of domestic violence affecting the individual. Such 14 notice shall also inform individuals that response to these inquiries is 15 voluntary and confidential; provided, however, that information regard- 16 ing neglect or abuse of children will be reported to child protective 17 services. 18 2. Such inquiry shall be performed utilizing a universal screening 19 form to be developed by the department after consultation with the 20 office for the prevention of domestic violence and statewide domestic 21 violence advocacy groups. Such screening may be conducted by telephone 22 or other digital means at the request of the applicant or recipient. An 23 individual may request such screening at any time, and any individual 24 who at any time self identifies as a victim of domestic violence shall 25 be afforded the opportunity for such screening. EXPLANATION--Matter in <B><U>italics</U></B> (underscored) is new; matter in brackets [<B><S> </S></B>] is old law to be omitted. LBD04209-03-5 </PRE><P CLASS="brk"><PRE WIDTH="136"> S. 7619 2 1 3. An individual indicating the presence of domestic violence, as a 2 result of such screening, shall be promptly referred to a domestic 3 violence liaison who meets training requirements established by the 4 department, after consultation with the office for the prevention of 5 domestic violence and statewide domestic violence advocacy groups. 6 4. [<B><S>The domestic violence liaison shall assess the credibility of the</S></B> 7 <B><S>individual's assertion of domestic violence. Such assessment shall be</S></B> 8 <B><S>based upon the relevant information and corroborating evidence, but</S></B> 9 <B><S>shall in the absence of other sufficient evidence include, at a minimum,</S></B> 10 <B><S>a sworn statement by the individual alleging such abuse.</S></B> 11 <B><S>5. Upon a determination that the individual's allegation is credible</S></B>] 12 <B><U>Following referral to a domestic violence liaison</U></B>, (a) the individual 13 shall be informed <B><U>by the domestic violence liaison</U></B> of services, which 14 shall be available on a voluntary basis; and (b) the domestic violence 15 liaison shall conduct an assessment to determine if and to what extent 16 domestic violence is a barrier to <B><U>the individual's</U></B> compliance with 17 public assistance requirements or to employment <B><U>and such assessment</U></B> 18 <B><U>shall be based upon an attestation or the relevant information and</U></B> 19 <B><U>corroborating evidence provided by the individual alleging such abuse</U></B>; 20 and (c) <B><U>the domestic violence</U></B> liaison shall [<B><S>assess the need for</S></B>] <B><U>grant</U></B> 21 <B><U>any appropriate</U></B> waivers of such program requirements <B><U>based on such</U></B> 22 <B><U>assessment</U></B>. Such waivers shall, to the extent permitted by federal law, 23 include, but not be limited to, residency requirements, child support 24 cooperation requirements and employment and training requirements; 25 provided, however, that exemptions from the sixty month limit on receipt 26 of benefits under the federal temporary assistance to needy families 27 block grant program shall be available only when the individual would 28 not be required to participate in work or training activities because of 29 an independently verified physical or mental impairment resulting from 30 domestic violence, anticipated to last for three months or longer, or if 31 the individual is unable to work because of the need to care for a 32 dependent child who is disabled as a result of domestic violence. 33 Provided, however, that pursuant to section one hundred forty-two of the 34 welfare reform act of 1997 victims of domestic violence may be exempted 35 from the application of subdivision two of section three hundred forty- 36 nine of this article on the basis of hardship. 37 [<B><S>6.</S></B>] <B><U>5.</U></B> Waivers granted pursuant to subdivision [<B><S>five</S></B>] <B><U>four</U></B> of this 38 section shall be provided pursuant to a determination of good cause in 39 cases where compliance with such requirements would make it more diffi- 40 cult for the individual or the individual's children to escape from 41 domestic violence, or subject the individual, or the individual's chil- 42 dren, to further risk of domestic violence. Such waivers shall be for an 43 initial period of no less than four months; provided, however, that all 44 such waivers shall be subject to on-going review of the individual's 45 circumstances by the domestic violence liaison, and may be extended, 46 modified or terminated in accordance therewith. An individual may 47 decline a waiver or terminate an existing waiver at any time without 48 penalty. 49 [<B><S>7.</S></B>] <B><U>6.</U></B> Information with respect to victims of domestic violence shall 50 not be released to any outside party or parties or other governmental 51 agencies unless the information is required to be disclosed by law, or 52 unless authorized in writing by the applicant or recipient. 53 § 2. This act shall take effect immediately. |
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