2023 New York Laws › EXC - Executive › Article 21 - New York State Office for the Prevention of Domestic Violence › 575 - New York State Office for the Prevention of Domestic Violence.

§ 575. New  York state office for the prevention of domestic violence.
1.   Establishment of office. There is  hereby  established  within  the
executive  department  the  "New York state office for the prevention of
domestic violence", hereinafter in  this  section  referred  to  as  the
"office".
2.  Duties  and responsibilities. The office shall advise the governor
and the legislature on the most effective ways for state  government  to
respond  to  the  problem  of  domestic  violence.  In  fulfilling  this
responsibility, the office shall consult with experts, service providers
and representative organizations in the field of domestic  violence  and
shall act as an advocate for domestic violence victims and programs.
3.  Activities.  In  addition,  the office shall develop and implement
policies and programs designed to assist victims  of  domestic  violence
and  their  families,  and to provide education and prevention, training
and technical  assistance.  Such  domestic  violence-related  activities
shall include, but not be limited to:
(a) Serving as a clearinghouse for information and materials;
(b)   Developing   and  coordinating  community  outreach  and  public
education throughout the state;
(c) Developing and delivering training to professionals, including but
not limited to professionals in the fields of:
(i) domestic violence;
(ii) health and mental health;
(iii) social and human services;
(iv) public education;
(v) law enforcement and criminal justice;
(vi) alcohol and substance abuse;
(d) Developing and promoting school-based prevention programs;
(e) Providing technical  assistance  to  state  and  local  government
bodies and other agencies and to private not-for-profit corporations, on
effective   policies  and  responses  to  domestic  violence,  including
development  of  model   domestic   violence   policies,   pursuant   to
subdivisions seven, eight and nine of this section;
(f)  Promoting  and  facilitating  interagency cooperation among state
agencies and intergovernmental cooperation between different  levels  of
government in the state in the delivery and/or funding of services;
(g)  Operating  as  an  advocate  for  domestic  violence services and
victims;
(h) Undertaking program and services  needs  assessments  on  its  own
initiative or at the request of the governor, the legislature or service
providers;
(i)  Examining  the  relationship  between domestic violence and other
problems and making recommendations for effective policy response;
(j) Collecting data, conducting research, and holding public hearings;
(k) Making periodic  reports  to  the  governor  and  the  legislature
recommending  policy and program directions and reviewing the activities
of the office;
(l) Developing and promoting senior center based prevention programs;
(m) promoting best practices for abusive partner intervention;
(n) Administering grant  funds  appropriated  and  made  available  to
support  compliance  with  article  one  hundred  twenty-nine-b  of  the
education   law;   and   undertaking   such   actions,    duties,    and
responsibilities as may be necessary to serve the purpose of article one
hundred twenty-nine-b of the education law; and
(o) (i) Within amounts appropriated for such purpose, the office shall
contract  with  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
to  mutually  develop a training program as described in this paragraph.
The office and such organization shall be responsible for providing such
training  to  psychiatrists,  psychologists  and  social workers who are
licensed in the state of New York, so that such individuals may  conduct
court   ordered   forensic  evaluations,  involving  child  custody  and
visitation pursuant to paragraph (a-3) of subdivision one of section two
hundred forty  of  the  domestic  relations  law;  for  consulting  with
domestic  violence service providers and representative organizations in
the field of domestic violence when such training is provided  in  their
communities;  and  for  reviewing  and updating training topics at least
once every two years. Such training shall include, but  not  be  limited
to,   a  review  of:  relevant  statutes;  case  law  and  psychological
definitions of domestic violence; coercive control and child abuse;  the
dynamics and effects of domestic violence and child abuse, including but
not limited to, emotional, financial, physical, technological and sexual
abuse;  the  barriers  and  fears  associated  with  reporting  domestic
violence and child  abuse  and  why  victims  may  not  have  documented
evidence  of abuse; tactics commonly used by one party to induce fear in
another party or  child,  including  verbal,  emotional,  psychological,
and/or  economic  abuse,  isolating  techniques,  coercive  control, and
monitoring of a partner's location and activities; litigation abuse  and
demands for custody or joint custody in order to pressure the partner to
return  or  punish  the  partner for leaving; trauma, particularly as it
relates to sexual  abuse  and  the  risks  posed  to  children  and  the
long-term  dangers  and  impacts  imposed  by  the  presence  of adverse
childhood experiences; the increased risk of  escalating  violence  that
occurs  during child custody proceedings; and the danger of basing child
custody decisions  on  claims  that  a  child's  deficient  or  negative
relationship with a parent is caused by the other parent.
(ii)  The  office, in consultation with the 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, shall determine a reasonable number
of  training-hours  that  shall  be required for the first instance such
program is provided to psychiatrists, psychologists and  social  workers
and  a  reasonable  number  of training-hours that shall be required for
subsequent refresher courses provided to such individuals.
(iii) The 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 shall
be  responsible  for  providing  a  certification  of completion to each
psychiatrist,  psychologist  or  social   worker   who   satisfies   the
requirements  of  such  training  program,  so that such individuals may
conduct court ordered forensic evaluations involving child  custody  and
visitation pursuant to paragraph (a-3) of subdivision one of section two
hundred forty of the domestic relations law; and
(p)  Any  other activities including the making of and promulgation of
rules and regulations deemed necessary to facilitate the  prevention  of
domestic violence within the scope and purview of this article which are
not otherwise inconsistent with any other provisions of law.
4.  Advisory council. (a) An advisory council is hereby established to
make recommendations on domestic violence related issues  and  effective
strategies  for  the  prevention  of domestic violence, to assist in the
development  of  appropriate  policies  and  priorities  for   effective
intervention,  public  education  and  advocacy,  and  to facilitate and

assure communication and coordination of efforts  among  state  agencies
and   between  different  levels  of  government,  state,  federal,  and
municipal, for the prevention of domestic violence.
(b)  The  advisory council shall consist of nine members and seventeen
ex-officio members. Each member shall be appointed to serve for  a  term
of  three years and shall continue in office until a successor appointed
member is made. A member appointed to fill a vacancy shall be  appointed
for the unexpired term of the member he or she is to succeed. All of the
members  shall  be  individuals  with  expertise in the area of domestic
violence. Three members shall be appointed by the governor, two  members
shall be appointed upon the recommendation of the temporary president of
the  senate,  two  members shall be appointed upon the recommendation of
the speaker of the assembly, one member  shall  be  appointed  upon  the
recommendation  of  the  minority  leader  of the senate, and one member
shall be appointed upon the recommendation of the minority leader of the
assembly. The ex-officio members of the advisory board shall consist  of
the  director  of  the  office,  who  shall  chair  the council, and the
following members or their designees: the commissioner of the office  of
temporary  and disability assistance; the commissioner of the department
of  health;  the  commissioner  of   the   education   department;   the
commissioner  of  the  office  of mental health; the commissioner of the
office of addiction services  and  supports;  the  commissioner  of  the
division  of  criminal  justice  services;  the  superintendent  of  the
division of state police; the director of the office  of  probation  and
correctional  alternatives;  the  commissioner of the office of children
and family services; the director of the office of victim services;  the
chief  administrative  judge  of the office of court administration; the
commissioner of the department of  labor;  the  director  of  the  state
office  for the aging; the commissioner of the department of corrections
and community supervision;  the  commissioner  of  homes  and  community
renewal;  the  chief  executive  officer of the New York state coalition
against domestic violence; and the executive director of  the  New  York
state coalition against sexual assault.
(c)  The  advisory  council shall meet as often as deemed necessary by
the chair but in no event less than two times per year.
(d) The members of the advisory council shall  receive  no  salary  or
other   compensation  for  their  services  but  shall  be  entitled  to
reimbursement  for  actual  and  necessary  expenses  incurred  in   the
performance   of   their   duties   within  amounts  made  available  by
appropriation therefor subject to the approval of the  director  of  the
budget.  The ex-officio members of the advisory council shall receive no
additional compensation for their services on the advisory council above
the salary they receive from the  respective  departments  or  divisions
that employ them.
5.  Executive  director.  (a)  The governor shall appoint an executive
director of the office who shall serve at the pleasure of the governor.
(b) The executive director shall receive an annual salary fixed by the
governor within the amounts appropriated specifically therefor and shall
be  entitled  to  reimbursement  for  reasonable  expenses  incurred  in
connection with the performance of the director's duties.
(c) The director of the office, with the approval of the governor, may
accept as agent of the state any grant, including federal grants, or any
gift  or donation for any of the purposes of this article. Any moneys so
received may be expended by the office to effectuate any purpose of this
article, subject to the applicable provisions of the state finance law.
(d) The executive director shall appoint staff and perform such  other
functions to ensure the efficient operation of the office.
6.  Assistance  of  other  agencies.  The office may request and shall
receive in a timely manner from any department, division, board, bureau,
commission or agency of the state, such information  and  assistance  as
shall  enable it to properly carry out its powers and duties pursuant to
this article.
7.  Model  domestic violence policy for counties. (a) The office shall
convene a task force of  county  level  municipal  officials,  municipal
police  and  members  of  the  judiciary,  or their representatives, and
directors of domestic violence programs, including representatives  from
a  statewide  advocacy  organization  for  the  prevention  of  domestic
violence, to develop a model domestic violence policy for counties.  For
the  purposes  of this subdivision, "county" shall have the same meaning
as such term is defined in section three of the county law, except  that
the  city of New York shall be deemed to be one county. The office shall
give due consideration to  the  recommendations  of  the  governor,  the
temporary  president  of  the senate and the speaker of the assembly for
participation by any person on the task force, and shall make reasonable
efforts to assure regional balance in membership.
(b) The purpose of the model policy shall be  to  provide  consistency
and  coordination  by  and  between  county  agencies  and  departments,
including  criminal  justice  agencies  and  the  judiciary,   and,   as
appropriate,  by municipalities or other jurisdictions within the county
and other governmental agencies and departments, by assuring  that  best
practices,  policies,  protocols  and procedures are used to address the
issue of domestic violence, and to  secure  the  safety  of  the  victim
including, but not limited to:
(i) response, investigation and arrest policies by police agencies;
(ii)   response   by   other   criminal  justice  agencies,  including
disposition  of  domestic  violence   complaints,   the   provision   of
information and orders of protection;
(iii)  response  by  human  services  and  health  agencies, including
identification,  assessment,  intervention  and  referral  policies  and
responses to victims and the perpetrators of domestic violence;
(iv)  training  and  appropriate  and  relevant  measures for periodic
evaluation of community efforts; and
(v) other issues as shall be appropriate and  relevant  for  the  task
force to develop such policy.
(c)  Such  model  policy shall be reviewed by the task force to assure
consistency with existing law and shall be made the  subject  of  public
hearings  convened  by  the office throughout the state at places and at
times which are convenient for attendance by the public, after which the
policy shall be reviewed by the task force and amended as  necessary  to
reflect  concerns raised at the hearings. If approved by the task force,
such model policy shall be provided as approved with explanation of  its
provisions  to the governor and the legislature not later than two years
after the effective  date  of  this  subdivision.  Notification  of  the
availability of such model domestic violence policy shall be made by the
office  to  every county in the state, and copies of the policy shall be
made available to them upon request.
(d) The office in consultation  with  the  task  force,  providers  of
service, the advisory council and others, including representatives of a
statewide  advocacy  organization  for the prevention domestic violence,
shall  provide  technical  support,  information  and  encouragement  to
counties  to  implement  the  provisions of the model policy on domestic
violence.
(e) Nothing contained in this subdivision shall be deemed  to  prevent
the  governing  body  of  a  county  from  designating  a local advisory
committee to investigate the issues, work  with  providers  of  domestic

violence  programs  and  other  interested  parties,  and  to aid in the
implementation  of  the  policy  required  by  this  subdivision.   Such
governing  body  or  advisory  committee  may  request and shall receive
technical  assistance  from  the  office  for  the development of such a
policy. Implementation of the model domestic violence  policy  may  take
place  in  a  form  considered  appropriate  by  the governing body of a
county, including guidelines, regulations and local laws.
(f) The office shall survey county governments within  four  years  of
the  effective  date  of  this  subdivision  to  determine  the level of
compliance with the model domestic violence policy, and shall take  such
steps   as   shall  be  necessary  to  aid  county  governments  in  the
implementation of such policy.
8. State domestic violence policy. (a) The office shall  survey  every
state  agency to determine any activities, programs, rules, regulations,
guidelines or statutory requirements that  have  a  direct  or  indirect
bearing  on  the  state's  efforts and abilities to address the issue of
domestic violence including,  but  not  limited  to,  the  provision  of
services  to  victims  and  their  families.  Within  two  years  of the
effective date of  this  subdivision,  the  office  shall  compile  such
information   and  provide  a  report,  with  appropriate  comments  and
recommendations, to the governor and the legislature. For  the  purposes
of  this subdivision, "state agency" shall have the same meaning as such
term is defined in section two-a of the state finance law.
(b) Within three years of the effective date of this  subdivision  the
office  shall recommend a state domestic violence policy consistent with
statute and best practice, policies, procedures  and  protocols  to  the
governor  and the legislature. The purpose of such model policy shall be
to provide consistency and coordination by and  between  state  agencies
and departments to address the issue of domestic violence. In developing
such  model  policy,  the office shall consult with a statewide advocacy
organization for the prevention of domestic violence, and  shall  assure
that the advisory council reviews all data and recommendations and shall
not  submit  such  model  policy until approved by the advisory council.
Such recommendations shall be provided exclusive of any study or  report
the office is required to undertake pursuant to a chapter of the laws of
nineteen  hundred  ninety-four,  entitled  "the  family  protection  and
domestic violence intervention act of 1994".
(c) No state agency shall promulgate a  rule  pursuant  to  the  state
administrative  procedure  act, or adopt a guideline or other procedure,
including a request for proposals, directly or indirectly affecting  the
provision  of services to victims of domestic violence, or the provision
of  services  by  residential  or  non-residential   domestic   violence
programs, as such terms are defined in section four hundred fifty-nine-a
of  the  social  services  law, or establish a grant program directly or
indirectly affecting such victims of domestic violence or  providers  of
service,  without  first  consulting the office, which shall provide all
comments in response to such rules, guidelines or procedures in  writing
directly  to  the  chief  executive  officer  of  such  agency,  to  the
administrative regulations  review  committee  and  to  the  appropriate
committees  of the legislature having jurisdiction of the subject matter
addressed within two weeks of receipt thereof, provided that failure  of
the  office to respond as required herein shall not otherwise impair the
ability of such state agency to promulgate a rule. This paragraph  shall
not  apply  to  an  appropriation  which  finances  a  contract  with  a
not-for-profit organization which has been identified for a state agency
without the use of a request for proposals.
9. Model domestic violence employee awareness and  assistance  policy.
(a)  The  office  shall  convene  a  task force including members of the

business community, employees, employee  organizations,  representatives
from   the   department  of  labor  and  the  empire  state  development
corporation, and directors  of  domestic  violence  programs,  including
representatives  of  statewide advocacy organizations for the prevention
of domestic violence, to develop  a  model  domestic  violence  employee
awareness and assistance policy for businesses.
The  office shall give due consideration to the recommendations of the
governor, the temporary president of the senate, and the speaker of  the
assembly  for  participation  by any person on the task force, and shall
make reasonable efforts to assure regional balance in membership.
(b) The purpose of the model employee awareness and assistance  policy
shall  be  to  provide  businesses  with  the  best practices, policies,
protocols and procedures in order that they ascertain domestic  violence
awareness  in  the  workplace,  assist affected employees, and provide a
safe  and  helpful  working  environment  for  employees  currently   or
potentially  experiencing  the  effects  of domestic violence. The model
plan shall include but not be limited to:
(i)  the  establishment  of  a  definite  corporate  policy  statement
recognizing  domestic violence as a workplace issue as well as promoting
the need to maintain job security for those employees currently involved
in domestic violence disputes;
(ii) policy and service publication  requirements,  including  posting
said  policies  and  service  availability  pamphlets in break rooms, on
bulletin boards, restrooms and other communication methods;
(iii) a listing of current domestic violence community resources  such
as   shelters,   crisis   intervention  programs,  counseling  and  case
management programs, legal assistance  and  advocacy  opportunities  for
affected employees;
(iv) measures to ensure workplace safety including, where appropriate,
designated   parking   areas,  escort  services  and  other  affirmative
safeguards;
(v) training programs and protocols designed to educate employees  and
managers in how to recognize, approach and assist employees experiencing
domestic violence, including both victims and batterers; and
(vi)  other  issues  as shall be appropriate and relevant for the task
force in developing such model policy.
(c) Such model policy shall be reviewed by the task  force  to  assure
consistency  with  existing  law and shall be made the subject of public
hearings convened by the office throughout the state at  places  and  at
times which are convenient for attendance by the public, after which the
policy  shall  be reviewed by the task force and amended as necessary to
reflect concerns raised at the hearings. If approved by the task  force,
such  model policy shall be provided as approved with explanation of its
provisions to the governor and the legislature not later than  one  year
after  the  effective  date  of  this subdivision. The office shall make
every effort to notify businesses of  the  availability  of  such  model
domestic violence employee awareness and assistance policy.
(d)  The  office  in  consultation  with  the task force, providers of
services, the advisory council, the  department  of  labor,  the  empire
state development corporation, and representatives of statewide advocacy
organizations  for  the  prevention  of domestic violence, shall provide
technical support,  information,  and  encouragement  to  businesses  to
implement  the  provisions  of  the  model  domestic  violence  employee
awareness and assistance policy.
(e) Nothing contained in this subdivision shall be deemed  to  prevent
businesses  from adopting their own domestic violence employee awareness
and assistance policy.
(f) The office shall  survey  businesses  within  four  years  of  the
effective  date  of  this section to determine the level of model policy
adoption amongst businesses and shall take steps  necessary  to  promote
the further adoption of such policy.
10.  Fatality  review  team. (a) There shall be established within the
office  a  fatality  review  team  for  the  purpose  of  analyzing,  in
conjunction  with  local  representation,  the domestic violence-related
death or near death of individuals, with the goal of:
(i) examining the trends and  patterns  of  domestic  violence-related
fatalities in New York state;
(ii)  educating  the public, service providers, and policymakers about
domestic  violence  fatalities  and  strategies  for  intervention   and
prevention; and
(iii)  recommending  policies,  practices, procedures, and services to
reduce fatalities due to domestic violence.
(b) A domestic violence-related death or near  death  shall  mean  any
death or near death caused by a family or household member as defined in
section  eight  hundred twelve of the family court act or section 530.11
of the criminal procedure law, except that there shall be no  review  of
the  death  or near death of a child for those cases in which the office
of children and family services is required to issue a  fatality  report
in  accordance  with  subdivision  five  of section twenty of the social
services law.
(c) The team shall review deaths or near deaths  in  cases  that  have
been  adjudicated  and  have  received a final judgment and that are not
under investigation.
(d) Members of a domestic  violence  fatality  review  team  shall  be
appointed  by  the executive director, in consultation with the advisory
council, and shall include, but not be limited  to,  one  representative
from the office of children and family services, the office of temporary
and  disability  assistance,  the division of criminal justice services,
the state  police,  the  department  of  health,  the  office  of  court
administration,  the  office of probation and correctional alternatives,
the department of corrections and community supervision, the  office  of
victim services, at least one representative from local law enforcement,
a county prosecutor's office, a local social services district, a member
of  the  judiciary, and a domestic violence services program approved by
the office of children and family services. A domestic violence fatality
review  team  may  also  include  representatives  from  sexual  assault
services  programs,  public  health,  mental  health and substance abuse
agencies, hospitals, clergy, local school districts, local divisions  of
probation,  local offices of the department of corrections and community
supervision, the office of the medical examiner or  coroner,  any  local
domestic  violence task force, coordinating council or other interagency
entity that meets regularly to support a coordinated community  response
to  domestic  violence,  any  other  program  that  provides services to
domestic violence victims, or any other person necessary to the work  of
the team, including survivors of domestic violence.
(e)  The  team  shall  identify potential cases and shall select which
deaths or near deaths will be reviewed each year. Localities may request
that the team conduct a review of a particular death or near death.
(f) The team shall work with officials and  organizations  within  the
community where the death or near death occurred to conduct each review.
(g)  Team members shall serve without compensation but are entitled to
be reimbursed for travel expenses to the  localities  where  a  fatality
review will be conducted and members who are full-time salaried officers
or  employees  of the state or of any political subdivision of the state
are entitled to their regular compensation.
(h) To the extent consistent with federal law, upon request  the  team
shall  be provided client-identifiable information and records necessary
for the investigation of a domestic violence-related death or near death
incident, including, but not limited to:
(i) records maintained by a local social services district;
(ii)  law  enforcement  records,  except  where  the provision of such
records would interfere with an ongoing law enforcement investigation or
identify a confidential source or endanger the safety or welfare  of  an
individual;
(iii) court records;
(iv) probation and parole records;
(v)  records  from  domestic  violence  residential or non-residential
programs;
(vi)  records  from  any  relevant  service   provider,   program   or
organization; and
(vii)  all other relevant records in the possession of state and local
officials or agencies provided, however, no official or agency shall  be
required  to provide information or records concerning a person charged,
investigated or convicted in such death or near death  in  violation  of
such person's attorney-client privilege.
(i)  Any  information or records otherwise confidential and privileged
in accordance with state law which are provided to the team shall remain
confidential  as  otherwise  provided  by  law.  All  records  received,
meetings  conducted,  reports  and  records  made and maintained and all
books and papers obtained by the team shall be  confidential  and  shall
not  be open or made available, except by court order or as set forth in
paragraphs (k) and (l) of this subdivision.
(j) Any person who releases or permits the release of any  information
protected under paragraph (i) of this subdivision to persons or agencies
not  authorized to receive such information shall be guilty of a class A
misdemeanor.
(k) Team members and persons who present information to the team shall
not be questioned in any civil  or  criminal  proceeding  regarding  any
opinions  formed  as  a result of a meeting of the team. Nothing in this
section shall be construed to prevent a person  from  testifying  as  to
information  which  is obtained independently of the team or information
which is public.
(l) Team members are not liable for damages or  other  relief  in  any
action brought by reason of the reasonable and good faith performance of
a duty, function, or activity of the team.
(m) Consistent with all federal and state confidentiality protections,
the  team  may  provide  recommendations to any individual or entity for
appropriate actions  to  improve  a  community's  response  to  domestic
violence.
(n)  The  team  shall  periodically  submit a cumulative report to the
governor and the legislature incorporating  the  aggregate  data  and  a
summary  of  the general findings and recommendations resulting from the
domestic  violence  fatality  reviews   completed   pursuant   to   this
subdivision. The cumulative report shall thereafter be made available to
the   public,   consistent   with   federal  and  state  confidentiality
protections.