S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5504
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 15, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Social Services
 
 AN ACT to amend the social services law, in  relation  to  services  for
   victims of domestic violence; and to repeal certain provisions of such
   law relating thereto

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 4  and  5  of  section  459-a  of  the  social
 services law, subdivision 4 as added by chapter 838 of the laws of 1987,
 the  opening  paragraph of subdivision 4 and subdivision 5 as amended by
 chapter 169 of the laws of 1994, are amended to read as follows:
   4. "A DOMESTIC  VIOLENCE  ORGANIZATION"  MEANS  AN  ORGANIZATION  THAT
 PROVIDES EMERGENCY SHELTER AND/OR SERVICES AND CARE TO VICTIMS OF DOMES-
 TIC  VIOLENCE  AND  THEIR  MINOR CHILDREN, AND SHALL INCLUDE, BUT NOT BE
 LIMITED TO:
   (A) "Residential program for victims of domestic violence" [means any]
 WHICH SHALL INCLUDE residential care program certified by the department
 and operated by a not-for-profit organization  in  accordance  with  the
 regulations  of  the  department  for the purpose of providing emergency
 shelter, services and care to victims of domestic violence.  Residential
 programs  for  victims of domestic violence shall include, but shall not
 be limited to:
   [(a)] (I) "Domestic violence shelters", which shall include any  resi-
 dential  care  facility organized for the exclusive purpose of providing
 emergency shelter, services and care to victims of domestic violence and
 their minor children, if any;
   [(b)] (II) "Domestic violence programs" which shall include any facil-
 ity which otherwise meets or would meet the requirements of  THIS  para-
 graph  [(a)  of  this  subdivision],  except  that  victims  of domestic
 violence and their minor children, if any, constitute at  least  seventy
 percent of the clientele of such program; and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05761-01-3
              

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   [(c)]  (III)  "Safe  home  networks" which shall include any organized
 network of private homes offering  emergency  shelter  and  services  to
 victims  of  domestic  violence  and  their minor children, if any. Such
 network shall be coordinated by a not-for-profit organization.
   [5.]  (B)  "Non-residential  program for victims of domestic violence"
 [means] WHICH SHALL INCLUDE any program  operated  by  a  not-for-profit
 organization,  for  the purpose of providing non-residential services to
 victims of domestic violence, including, but not limited to, information
 and referral services, advocacy, counseling, and community education and
 outreach activities and providing or  arranging  for  hotline  services.
 Victims  of  domestic violence and their children, if any, shall consti-
 tute at least seventy percent of the clientele of such programs.
   § 2. The opening paragraph of section 459-b  of  the  social  services
 law,  as amended by chapter 7 of the laws of 2016, is amended to read as
 follows:
   [Residential services for victims of domestic violence. In  accordance
 with  section  one  hundred  thirty-one-u  of this chapter and the regu-
 lations of the office of children and family services, a social services
 district shall offer and provide necessary and available emergency shel-
 ter and services for up to ninety days  at  a  residential  program  for
 victims  of  domestic  violence to a victim of domestic violence who was
 residing in the social services district at  the  time  of  the  alleged
 domestic  violence  whether  or  not  such victim is eligible for public
 assistance. Two forty-five day extensions  of  necessary  and  available
 emergency  shelter may be granted beyond the maximum length of stay at a
 residential program for victims of domestic violence for  residents  who
 continue to be in need of emergency services and temporary shelter.] THE
 CARE  AND  TREATMENT  OF  SERVICE  ANIMALS,  THERAPY  DOGS AND COMPANION
 ANIMALS IN RESIDENTIAL PROGRAMS FOR VICTIMS OF DOMESTIC VIOLENCE. If the
 victim of domestic violence has a service animal as such term is defined
 in section one hundred twenty-three-b of  the  agriculture  and  markets
 law, or therapy dog as such term is defined in section one hundred eight
 of the agriculture and markets law, respectively, such service animal or
 therapy  dog shall be allowed to accompany the victim at the residential
 program authorized pursuant to this section, so long as such  accompani-
 ment  would not create an undue burden as defined by section two hundred
 ninety-six of the executive law.
   § 3. Section 459-c of the social services law is REPEALED.
   § 4. Section 459-d of the social services law, as renumbered by  chap-
 ter  169  of the laws of 1994, is renumbered section 459-c, and subdivi-
 sions 11 and 12, as added by chapter  838  of  the  laws  of  1987,  are
 amended to read as follows:
   11.  [a  schedule  showing  the  approved daily rates of reimbursement
 payable to residential programs for victims of domestic violence  pursu-
 ant to section one hundred thirty-one-u of this chapter; and
   12.] all such other matters as may be necessary to inform the governor
 and  the  legislature  regarding the implementation and effectiveness of
 programs covered by this article.
   § 5. Section 459-e of the social services law  is  renumbered  section
 459-d.
   § 6. Section 459-f of the social services law is REPEALED.
   §  7.  Sections  459-g  and  459-h of the social services law, section
 459-h as renumbered by chapter 428 of the laws of 2009,  are  renumbered
 sections 459-e and 459-f.
   §  8.  Section 131-u of the social services law, as amended by chapter
 169 of the laws of 1994, the section heading and  opening  paragraph  of
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 subdivision  1  as  amended by section 1 and subdivision 2 as amended by
 section 3 of part J of chapter 56 of the laws of  2019,  is  amended  to
 read as follows:
   § 131-u. Domestic violence services. 1. Notwithstanding any inconsist-
 ent provision of law, [a social services district] THE DEPARTMENT shall,
 in accordance with the provisions of this section and regulations of the
 department, [offer and provide emergency shelter and services at a resi-
 dential  program]  ENSURE  THAT RESIDENTIAL AND NON-RESIDENTIAL SERVICES
 AND CARE ARE SUFFICIENTLY AVAILABLE AND ACCESSIBLE IN  EVERY  COUNTY  OF
 THE  STATE for victims of domestic violence, as defined in article six-A
 of this chapter[, to the extent  that  such  shelter  and  services  are
 necessary  and available to a victim of domestic violence, as defined in
 article six-A of this chapter, and in  need  of  emergency  shelter  and
 services,  who  was residing in the social services district at the time
 of the alleged domestic violence] AND THEIR MINOR CHILDREN.
   2. [The department shall annually establish, subject to  the  approval
 of  the  director  of the budget, a daily rate of reimbursement for each
 residential program for victims of  domestic  violence,  as  defined  in
 article  six-A  of  this  chapter,  certified  by  the  department which
 provides emergency shelter and services to  persons  eligible  for  such
 emergency  shelter  and  services  pursuant  to  this  section. A social
 services district financially  responsible  for  a  victim  of  domestic
 violence  shall  reimburse a residential program for victims of domestic
 violence for the costs of emergency shelter  and  services  provided  to
 such  victim  at the daily reimbursement rate established by the depart-
 ment reduced by  any  other  reimbursement  available  for  such  costs]
 SUBJECT  TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET, THE COMMISSIONER
 IS HEREBY AUTHORIZED TO ENTER  INTO  CONTRACTS  WITH  DOMESTIC  VIOLENCE
 ORGANIZATIONS,  AS  DEFINED IN SECTION FOUR HUNDRED FIFTY-NINE-A OF THIS
 CHAPTER, TO PROVIDE STATE FINANCIAL ASSISTANCE TO SUPPORT THE PROVISIONS
 OF DOMESTIC VIOLENCE RESIDENTIAL AND NON-RESIDENTIAL SERVICES  AND  CARE
 FOR VICTIMS OF DOMESTIC VIOLENCE AND THEIR MINOR CHILDREN.
   3. THE STATE FINANCIAL ASSISTANCE SHALL BE IN THE FORM OF GRANTS.
   4.  THE  COMMISSIONER  SHALL  REQUIRE  THAT, IN ORDER TO RECEIVE FUNDS
 PURSUANT TO THIS ARTICLE, DOMESTIC VIOLENCE ORGANIZATIONS, AS DEFINED IN
 ARTICLE SIX-A OF THIS CHAPTER, SHALL SUBMIT AN OPERATING PLAN. SUCH PLAN
 SHALL INCLUDE:
   (A) THE MANNER IN WHICH THE OPERATING EXPENSES OF THE PROGRAM SHALL BE
 MET;
   (B) THE  SERVICES  THAT  WILL  BE  PROVIDED  TO  VICTIMS  OF  DOMESTIC
 VIOLENCE; AND
   (C)  EVIDENCE  DEMONSTRATING THAT SERVICES WILL BE OFFERED IN A MANNER
 THAT COMPLIES WITH EXISTING LOCAL, STATE  AND  FEDERAL  LAWS  AND  REGU-
 LATIONS.
   5.  EACH  CONTRACT  ENTERED  INTO  FOR  THE  PROVISION OF SERVICES FOR
 VICTIMS OF DOMESTIC VIOLENCE AND THEIR CHILDREN, PURSUANT TO THIS  ARTI-
 CLE,  SHALL BE SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET AND
 SHALL PROVIDE FOR PAYMENT TO THE NOT-FOR-PROFIT DOMESTIC VIOLENCE ORGAN-
 IZATION PURSUANT TO A PAYMENT SCHEDULE. THE FULL AMOUNT OF THE  CONTRACT
 OR  CONTRACTS,  OR ANY APPROPRIATE PORTION THEREOF, AS DETERMINED BY THE
 COMMISSIONER AND SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE  BUDGET,
 SHALL  BE  AVAILABLE  FOR  PAYMENT AT ANY TIME ON OR AFTER THE EFFECTIVE
 DATE OF SUCH CONTRACT.
   § 9. This act shall take effect immediately.