§ 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,
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. 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
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.