S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2109
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 15, 2025
                                ___________
 
 Introduced  by M. of A. CLARK -- read once and referred to the Committee
   on Social Services
 
 AN ACT to amend the social services law, in relation to self-attestation
   for victims of domestic violence
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Section  349-a  of  the  social services law, as added by
 section 36 of part B of chapter 436 of the laws of 1997,  subdivision  2
 as  amended  by  chapter  144 of the laws of 2021, is amended to read as
 follows:
   § 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, recipi-
 ents, of procedures for protection from domestic violence and the avail-
 ability 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 regard-
 ing 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04209-01-5
 A. 2109                             2
              

 
 be afforded the opportunity for such screening,  OR  ALTERNATIVELY,  CAN
 ATTEST TO THEIR STATUS AS A VICTIM OF DOMESTIC VIOLENCE.
   3.  An  individual  indicating the presence of domestic violence, as a
 result of such screening OR ATTESTATION, 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 credi-
 ble] REFERRAL TO A DOMESTIC VIOLENCE LIAISON, (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, howev-
 er, 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.]  5.  Waivers  granted pursuant to subdivision [five] FOUR of this
 section shall be provided pursuant to [a determination of good cause] AN
 INDIVIDUAL'S SELF-ATTESTATION AS A VICTIM OF DOMESTIC VIOLENCE 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 circum-
 stances by the domestic violence liaison, and may be extended,  modified
 or terminated in accordance therewith. An individual may decline a waiv-
 er or terminate an existing waiver at any time without penalty.
   [7.] 6. 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.
   § 2. This act shall take effect immediately.