N.Y. Soc. Serv. Law § 349-a

§ 349-a. Procedures to insure the protection of victims of domestic\nviolence. 1. The department, after consultation with the office for the\nprevention of domestic violence and statewide domestic violence advocacy\ngroups, shall by regulation establish requirements for social services\ndistricts to notify all applicants and, upon recertification,\nrecipients, of procedures for protection from domestic violence and the\navailability of services. Such notice shall inform applicants and\nrecipients that the social services district will make periodic inquiry\nregarding the existence of domestic violence affecting the individual.\nSuch notice shall also inform individuals that response to these\ninquiries is voluntary and confidential; provided, however, that\ninformation regarding neglect or abuse of children will be reported to\nchild protective services.\n 2. Such inquiry shall be performed utilizing a universal screening\nform to be developed by the department after consultation with the\noffice for the prevention of domestic violence and statewide domestic\nviolence advocacy groups. Such screening may be conducted by telephone\nor other digital means at the request of the applicant or recipient. An\nindividual may request such screening at any time, and any individual\nwho at any time self identifies as a victim of domestic violence shall\nbe afforded the opportunity for such screening.\n 3. An individual indicating the presence of domestic violence, as a\nresult of such screening, shall be promptly referred to a domestic\nviolence liaison who meets training requirements established by the\ndepartment, after consultation with the office for the prevention of\ndomestic violence and statewide domestic violence advocacy groups.\n 4. The domestic violence liaison shall assess the credibility of the\nindividual's assertion of domestic violence. Such assessment shall be\nbased upon the relevant information and corroborating evidence, but\nshall in the absence of other sufficient evidence include, at a minimum,\na sworn statement by the individual alleging such abuse.\n 5. Upon a determination that the individual's allegation is credible,\n(a) the individual shall be informed of services, which shall be\navailable on a voluntary basis; and (b) the domestic violence liaison\nshall conduct an assessment to determine if and to what extent domestic\nviolence is a barrier to compliance with public assistance requirements\nor to employment; and (c) shall assess the need for waivers of such\nprogram requirements. Such waivers shall, to the extent permitted by\nfederal law, include, but not be limited to, residency requirements,\nchild support cooperation requirements and employment and training\nrequirements; provided, however, that exemptions from the sixty month\nlimit on receipt of benefits under the federal temporary assistance to\nneedy families block grant program shall be available only when the\nindividual would not be required to participate in work or training\nactivities because of an independently verified physical or mental\nimpairment resulting from domestic violence, anticipated to last for\nthree months or longer, or if the individual is unable to work because\nof the need to care for a dependent child who is disabled as a result of\ndomestic violence. Provided, however, that pursuant to section one\nhundred forty-two of the welfare reform act of 1997 victims of domestic\nviolence may be exempted from the application of subdivision two of\nsection three hundred forty-nine of this article on the basis of\nhardship.\n 6. Waivers granted pursuant to subdivision five of this section shall\nbe provided pursuant to a determination of good cause in cases where\ncompliance with such requirements would make it more difficult for the\nindividual or the individual's children to escape from domestic\nviolence, or subject the individual, or the individual's children, to\nfurther risk of domestic violence. Such waivers shall be for an initial\nperiod of no less than four months; provided, however, that all such\nwaivers shall be subject to on-going review of the individual's\ncircumstances by the domestic violence liaison, and may be extended,\nmodified or terminated in accordance therewith. An individual may\ndecline a waiver or terminate an existing waiver at any time without\npenalty.\n 7. Information with respect to victims of domestic violence shall not\nbe released to any outside party or parties or other governmental\nagencies unless the information is required to be disclosed by law, or\nunless authorized in writing by the applicant or recipient.\n