2006 New York Code - Procedures To Insure The Protection Of Victims Of Domestic Violence.

 
    §  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.  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.   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,
  (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,  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. 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.
    7.  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.