S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7005
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              March 28, 2025
                                ___________
 
 Introduced  by Sens. ROLISON, FERNANDEZ -- read twice and ordered print-
   ed, and when printed to  be  committed  to  the  Committee  on  Social
   Services
 
 AN  ACT  to amend the social services law, in relation to establishing a
   waiver program allowing for longer stays at domestic violence shelters

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  459-b  of the social services law, as amended by
 chapter 7 of the laws of 2016, is amended to read as follows:
   § 459-b. Residential services for victims of domestic violence. 1.  In
 accordance with section one hundred thirty-one-u of this chapter and the
 regulations  of  the  office  of  children and family services, a social
 services district shall offer and provide necessary and available  emer-
 gency  shelter  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 avail-
 able  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.
 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 accompaniment would not create an undue  burden  as  defined  by
 section two hundred ninety-six of the executive law.
   Where  such  accompaniment would constitute an undue burden, the resi-
 dential program shall make reasonable efforts to facilitate placement of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07862-02-5
              

 S. 7005                             2
 
 such animal at an off-site animal care facility or if reasonable efforts
 fail, provide referral to one or more off-site animal  care  facilities.
 Such  off-site  animal care may include, but not be limited to, boarding
 at  a  veterinary  hospital or under the auspices of a duly incorporated
 humane society,  or  duly  incorporated  animal  protection  association
 approved for such purpose by the department of agriculture and markets.
   2.  (A)  NOTWITHSTANDING THE DURATION OF STAY LIMITATIONS SET FORTH IN
 SUBDIVISION ONE OF THIS SECTION, A SOCIAL SERVICES DISTRICT, THROUGH THE
 OFFICE OF CHILDREN AND FAMILY  SERVICES,  WILL  GRANT  WAIVERS  ALLOWING
 DOMESTIC  VIOLENCE  RESIDENTIAL  PROGRAMS  TO  SERVE  VICTIMS WHO NEED A
 LENGTH OF STAY IN EXCESS OF THE MAXIMUM ONE HUNDRED EIGHTY DAYS  UPON  A
 SHOWING  THAT  CIRCUMSTANCES  PREVENT  SUCH VICTIMS FROM MOVING TO SAFE,
 ALTERNATIVE HOUSING, AND REQUIRE THE LENGTH OF STAY TO BE EXCEEDED.
   (B) A DOMESTIC VIOLENCE RESIDENTIAL PROGRAM SHALL APPLY TO THE  OFFICE
 OF CHILDREN AND FAMILY SERVICES FOR A WAIVER ENABLING A VICTIM OF DOMES-
 TIC  VIOLENCE  TO REMAIN AT THE PROGRAM'S SHELTER FOR A PERIOD EXCEEDING
 ONE HUNDRED EIGHTY DAYS; PROVIDED THAT, NO SUCH WAIVER SHALL ALLOW FOR A
 STAY THAT SHALL EXCEED AN ADDITIONAL  NINETY  DAYS.    SUCH  RESIDENTIAL
 PROGRAM SHALL MAKE A WRITTEN REQUEST FOR A WAIVER BY EMAILING THE SOCIAL
 SERVICES DISTRICT. A WAIVER MUST BE REQUESTED BY THE RESIDENTIAL PROGRAM
 FOR EACH RESIDENT REQUIRING A STAY IN EXCESS OF ONE HUNDRED EIGHTY DAYS.
   (C)  WHEN  APPLYING  FOR  A  WAIVER, THE DOMESTIC VIOLENCE RESIDENTIAL
 PROGRAM SHALL INCLUDE A DESCRIPTION OF THE FOLLOWING:
   (I) THE CIRCUMSTANCES LEADING TO THE REQUEST;
   (II) THE LENGTH OF THE WAIVER REQUESTED;
   (III) IF AND HOW THE REQUEST WILL  AFFECT  THE  PROGRAM'S  ABILITY  TO
 CONTINUE TO PROVIDE SERVICES.
   (D)  REQUESTS  FOR A WAIVER WILL BE REVIEWED AND DECIDED BY THE OFFICE
 OF CHILDREN AND FAMILY SERVICES WITHIN TWO BUSINESS DAYS OF  RECEIPT  OF
 THE  REQUEST. THE OFFICE OF CHILDREN AND FAMILY SERVICES WILL EMAIL BOTH
 THE DOMESTIC  VIOLENCE  RESIDENTIAL  PROGRAM  AND  THE  SOCIAL  SERVICES
 DISTRICT  OR  DISTRICTS THAT CONTRACT WITH THE DOMESTIC VIOLENCE PROGRAM
 TO ADVISE OF ANY APPROVED WAIVERS. THE GRANTING OF A  WAIVER  SHALL  NOT
 AFFECT  THE  PROCESS  FOR OBTAINING REIMBURSEMENT FOR EMERGENCY SHELTER.
 ONCE A WAIVER FOR AN EXTENDED  LENGTH  OF  STAY  IS  GRANTED,  A  SOCIAL
 SERVICES  DISTRICT  SHALL,  IN ACCORDANCE WITH THE PROVISIONS OF SECTION
 ONE HUNDRED THIRTY-ONE-U OF THIS CHAPTER, PROVIDE  TIMELY  REIMBURSEMENT
 FOR THE ENTIRETY OF SUCH LENGTH OF STAY.
   3.  Nothing  in this section shall be construed to limit any rights or
 obligations provided pursuant to federal or state law, including but not
 limited to providing  reasonable  accommodations  for  individuals  with
 disabilities.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.