Section 349-A. Procedures to insure the protection of victims of domestic violence  


Latest version.
  • 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.