Legislation
SECTION 459-G
Cooperation of an abuser not required as a condition of eligibility for benefits or services
Social Services (SOS) CHAPTER 55, ARTICLE 6-A
§ 459-g. Cooperation of an abuser not required as a condition of
eligibility for benefits or services. 1. Neither the state, a political
subdivision of the state, a public authority, nor any employee or agent
thereof shall, in any way, condition eligibility or receipt of services
or benefits by a victim of domestic violence, as defined in this
article, by requiring the victim to contact the person who perpetrated
such domestic violence or by requiring the person who perpetrated such
domestic violence to complete any forms, provide any information, appear
in person, or cooperate in any other manner as a part of such victim's
application for or process of certification for continued receipt of any
services or benefits in this state.
2. Although such information or cooperation shall not be required as a
condition of eligibility for or receipt of such services or benefits, in
the event the governmental entity, employee or agent seeks any such
information or cooperation, such entity, employee or agent shall, if
informed consent is given in writing by such victim of domestic
violence, provide an intermediary to make such contact in a manner that
protects the privacy, confidentiality and current location of the
victim. In the event the governmental entity, employee or agent seeks
any such information or cooperation to comply with any federal law,
regulation or mandate, such entity, employee or agent shall so advise
the victim of domestic violence and provide an intermediary to make such
contact on behalf of the victim in a manner that will protect the
privacy, confidentiality and current location of the victim.
eligibility for benefits or services. 1. Neither the state, a political
subdivision of the state, a public authority, nor any employee or agent
thereof shall, in any way, condition eligibility or receipt of services
or benefits by a victim of domestic violence, as defined in this
article, by requiring the victim to contact the person who perpetrated
such domestic violence or by requiring the person who perpetrated such
domestic violence to complete any forms, provide any information, appear
in person, or cooperate in any other manner as a part of such victim's
application for or process of certification for continued receipt of any
services or benefits in this state.
2. Although such information or cooperation shall not be required as a
condition of eligibility for or receipt of such services or benefits, in
the event the governmental entity, employee or agent seeks any such
information or cooperation, such entity, employee or agent shall, if
informed consent is given in writing by such victim of domestic
violence, provide an intermediary to make such contact in a manner that
protects the privacy, confidentiality and current location of the
victim. In the event the governmental entity, employee or agent seeks
any such information or cooperation to comply with any federal law,
regulation or mandate, such entity, employee or agent shall so advise
the victim of domestic violence and provide an intermediary to make such
contact on behalf of the victim in a manner that will protect the
privacy, confidentiality and current location of the victim.