Amd §§459-a, 459-b, 459-c & 131-u, rpld §§459-c & 459-f, ren §§459-d, 459-e, 459-g & 459-h to be §§459-c,
459-d, 459-e & 459-f, Soc Serv L
Relates to services for victims of domestic violence; provides that the department of social services shall ensure there is sufficient access to domestic violence services in every county; eliminates per diem reimbursement rates for domestic violence programs.
STATE OF NEW YORK
________________________________________________________________________
5504
2023-2024 Regular Sessions
IN ASSEMBLY
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:
1 Section 1. Subdivisions 4 and 5 of section 459-a of the social
2 services law, subdivision 4 as added by chapter 838 of the laws of 1987,
3 the opening paragraph of subdivision 4 and subdivision 5 as amended by
4 chapter 169 of the laws of 1994, are amended to read as follows:
5 4. "A domestic violence organization" means an organization that
6 provides emergency shelter and/or services and care to victims of domes-
7 tic violence and their minor children, and shall include, but not be
8 limited to:
9 (a) "Residential program for victims of domestic violence" [means any]
10 which shall include residential care program certified by the department
11 and operated by a not-for-profit organization in accordance with the
12 regulations of the department for the purpose of providing emergency
13 shelter, services and care to victims of domestic violence. Residential
14 programs for victims of domestic violence shall include, but shall not
15 be limited to:
16 [(a)] (i) "Domestic violence shelters", which shall include any resi-
17 dential care facility organized for the exclusive purpose of providing
18 emergency shelter, services and care to victims of domestic violence and
19 their minor children, if any;
20 [(b)] (ii) "Domestic violence programs" which shall include any facil-
21 ity which otherwise meets or would meet the requirements of this para-
22 graph [(a) of this subdivision], except that victims of domestic
23 violence and their minor children, if any, constitute at least seventy
24 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
A. 5504 2
1 [(c)] (iii) "Safe home networks" which shall include any organized
2 network of private homes offering emergency shelter and services to
3 victims of domestic violence and their minor children, if any. Such
4 network shall be coordinated by a not-for-profit organization.
5 [5.] (b) "Non-residential program for victims of domestic violence"
6 [means] which shall include any program operated by a not-for-profit
7 organization, for the purpose of providing non-residential services to
8 victims of domestic violence, including, but not limited to, information
9 and referral services, advocacy, counseling, and community education and
10 outreach activities and providing or arranging for hotline services.
11 Victims of domestic violence and their children, if any, shall consti-
12 tute at least seventy percent of the clientele of such programs.
13 § 2. The opening paragraph of section 459-b of the social services
14 law, as amended by chapter 7 of the laws of 2016, is amended to read as
15 follows:
16 [Residential services for victims of domestic violence. In accordance
17 with section one hundred thirty-one-u of this chapter and the regu-
18 lations of the office of children and family services, a social services
19 district shall offer and provide necessary and available emergency shel-
20 ter and services for up to ninety days at a residential program for
21 victims of domestic violence to a victim of domestic violence who was
22 residing in the social services district at the time of the alleged
23 domestic violence whether or not such victim is eligible for public
24 assistance. Two forty-five day extensions of necessary and available
25 emergency shelter may be granted beyond the maximum length of stay at a
26 residential program for victims of domestic violence for residents who
27 continue to be in need of emergency services and temporary shelter.] The
28 care and treatment of service animals, therapy dogs and companion
29 animals in residential programs for victims of domestic violence. If the
30 victim of domestic violence has a service animal as such term is defined
31 in section one hundred twenty-three-b of the agriculture and markets
32 law, or therapy dog as such term is defined in section one hundred eight
33 of the agriculture and markets law, respectively, such service animal or
34 therapy dog shall be allowed to accompany the victim at the residential
35 program authorized pursuant to this section, so long as such accompani-
36 ment would not create an undue burden as defined by section two hundred
37 ninety-six of the executive law.
38 § 3. Section 459-c of the social services law is REPEALED.
39 § 4. Section 459-d of the social services law, as renumbered by chap-
40 ter 169 of the laws of 1994, is renumbered section 459-c, and subdivi-
41 sions 11 and 12, as added by chapter 838 of the laws of 1987, are
42 amended to read as follows:
43 11. [a schedule showing the approved daily rates of reimbursement
44 payable to residential programs for victims of domestic violence pursu-
45 ant to section one hundred thirty-one-u of this chapter; and
46 12.] all such other matters as may be necessary to inform the governor
47 and the legislature regarding the implementation and effectiveness of
48 programs covered by this article.
49 § 5. Section 459-e of the social services law is renumbered section
50 459-d.
51 § 6. Section 459-f of the social services law is REPEALED.
52 § 7. Sections 459-g and 459-h of the social services law, section
53 459-h as renumbered by chapter 428 of the laws of 2009, are renumbered
54 sections 459-e and 459-f.
55 § 8. Section 131-u of the social services law, as amended by chapter
56 169 of the laws of 1994, the section heading and opening paragraph of
A. 5504 3
1 subdivision 1 as amended by section 1 and subdivision 2 as amended by
2 section 3 of part J of chapter 56 of the laws of 2019, is amended to
3 read as follows:
4 § 131-u. Domestic violence services. 1. Notwithstanding any inconsist-
5 ent provision of law, [a social services district] the department shall,
6 in accordance with the provisions of this section and regulations of the
7 department, [offer and provide emergency shelter and services at a resi-
8 dential program] ensure that residential and non-residential services
9 and care are sufficiently available and accessible in every county of
10 the state for victims of domestic violence, as defined in article six-A
11 of this chapter[, to the extent that such shelter and services are
12 necessary and available to a victim of domestic violence, as defined in
13 article six-A of this chapter, and in need of emergency shelter and
14 services, who was residing in the social services district at the time
15 of the alleged domestic violence] and their minor children.
16 2. [The department shall annually establish, subject to the approval
17 of the director of the budget, a daily rate of reimbursement for each
18 residential program for victims of domestic violence, as defined in
19 article six-A of this chapter, certified by the department which
20 provides emergency shelter and services to persons eligible for such
21 emergency shelter and services pursuant to this section. A social
22 services district financially responsible for a victim of domestic
23 violence shall reimburse a residential program for victims of domestic
24 violence for the costs of emergency shelter and services provided to
25 such victim at the daily reimbursement rate established by the depart-
26 ment reduced by any other reimbursement available for such costs]
27 Subject to the approval of the director of the budget, the commissioner
28 is hereby authorized to enter into contracts with domestic violence
29 organizations, as defined in section four hundred fifty-nine-a of this
30 chapter, to provide state financial assistance to support the provisions
31 of domestic violence residential and non-residential services and care
32 for victims of domestic violence and their minor children.
33 3. The state financial assistance shall be in the form of grants.
34 4. The commissioner shall require that, in order to receive funds
35 pursuant to this article, domestic violence organizations, as defined in
36 article six-A of this chapter, shall submit an operating plan. Such plan
37 shall include:
38 (a) the manner in which the operating expenses of the program shall be
39 met;
40 (b) the services that will be provided to victims of domestic
41 violence; and
42 (c) evidence demonstrating that services will be offered in a manner
43 that complies with existing local, state and federal laws and regu-
44 lations.
45 5. Each contract entered into for the provision of services for
46 victims of domestic violence and their children, pursuant to this arti-
47 cle, shall be subject to the approval of the director of the budget and
48 shall provide for payment to the not-for-profit domestic violence organ-
49 ization pursuant to a payment schedule. The full amount of the contract
50 or contracts, or any appropriate portion thereof, as determined by the
51 commissioner and subject to the approval of the director of the budget,
52 shall be available for payment at any time on or after the effective
53 date of such contract.
54 § 9. This act shall take effect immediately.
