NY Soc Serv L § 349-A (2021)
2021 New York Laws SOS - Social Services Article 5 - Assistance and Care Title 10 - Aid to Dependent Children 349-A - 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. 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.  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.