Bill Text: NY A08865 | 2021-2022 | General Assembly | Introduced


Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-19 - referred to social services [A08865 Detail]

Download: New_York-2021-A08865-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          8865

                   IN ASSEMBLY

                                    January 19, 2022
                                       ___________

        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
    25    [(c)]  (iii)  "Safe  home  networks" which shall include any organized
    26  network of private homes offering  emergency  shelter  and  services  to

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13798-02-1

        A. 8865                             2

     1  victims  of  domestic  violence  and  their minor children, if any. Such
     2  network shall be coordinated by a not-for-profit organization.
     3    [5.]  (b)  "Non-residential  program for victims of domestic violence"
     4  [means] which shall include any program  operated  by  a  not-for-profit
     5  organization,  for  the purpose of providing non-residential services to
     6  victims of domestic violence, including, but not limited to, information
     7  and referral services, advocacy, counseling, and community education and
     8  outreach activities and providing or  arranging  for  hotline  services.
     9  Victims  of  domestic violence and their children, if any, shall consti-
    10  tute at least seventy percent of the clientele of such programs.
    11    § 2. The opening paragraph of section 459-b  of  the  social  services
    12  law,  as amended by chapter 7 of the laws of 2016, is amended to read as
    13  follows:
    14    [Residential services for victims of domestic violence. In  accordance
    15  with  section  one  hundred  thirty-one-u  of this chapter and the regu-
    16  lations of the office of children and family services, a social services
    17  district shall offer and provide necessary and available emergency shel-
    18  ter and services for up to ninety days  at  a  residential  program  for
    19  victims  of  domestic  violence to a victim of domestic violence who was
    20  residing in the social services district at  the  time  of  the  alleged
    21  domestic  violence  whether  or  not  such victim is eligible for public
    22  assistance. Two forty-five day extensions  of  necessary  and  available
    23  emergency  shelter may be granted beyond the maximum length of stay at a
    24  residential program for victims of domestic violence for  residents  who
    25  continue to be in need of emergency services and temporary shelter.] The
    26  care  and  treatment  of  service  animals,  therapy  dogs and companion
    27  animals in residential programs for victims of domestic violence. If the
    28  victim of domestic violence has a service animal as such term is defined
    29  in section one hundred twenty-three-b of  the  agriculture  and  markets
    30  law, or therapy dog as such term is defined in section one hundred eight
    31  of the agriculture and markets law, respectively, such service animal or
    32  therapy  dog shall be allowed to accompany the victim at the residential
    33  program authorized pursuant to this section, so long as such  accompani-
    34  ment  would not create an undue burden as defined by section two hundred
    35  ninety-six of the executive law.
    36    § 3. Section 459-c of the social services law is REPEALED.
    37    § 4. Section 459-d of the social services law, as renumbered by  chap-
    38  ter  169  of the laws of 1994, is renumbered section 459-c, and subdivi-
    39  sions 11 and 12, as added by chapter  838  of  the  laws  of  1987,  are
    40  amended to read as follows:
    41    11.  [a  schedule  showing  the  approved daily rates of reimbursement
    42  payable to residential programs for victims of domestic violence  pursu-
    43  ant to section one hundred thirty-one-u of this chapter; and
    44    12.] all such other matters as may be necessary to inform the governor
    45  and  the  legislature  regarding the implementation and effectiveness of
    46  programs covered by this article.
    47    § 5. Section 459-e of the social services law  is  renumbered  section
    48  459-d.
    49    § 6. Section 459-f of the social services law is REPEALED.
    50    §  7.  Sections  459-g  and  459-h of the social services law, section
    51  459-h as renumbered by chapter 428 of the laws of 2009,  are  renumbered
    52  sections 459-e and 459-f.
    53    §  8.  Section 131-u of the social services law, as amended by chapter
    54  169 of the laws of 1994, the section heading and  opening  paragraph  of
    55  subdivision  1  as  amended by section 1 and subdivision 2 as amended by

        A. 8865                             3

     1  section 3 of part J of chapter 56 of the laws of  2019,  is  amended  to
     2  read as follows:
     3    § 131-u. Domestic violence services. 1. Notwithstanding any inconsist-
     4  ent provision of law, [a social services district] the department shall,
     5  in accordance with the provisions of this section and regulations of the
     6  department, [offer and provide emergency shelter and services at a resi-
     7  dential  program]  ensure  that residential and non-residential services
     8  and care are sufficiently available and accessible in  every  county  of
     9  the  state for victims of domestic violence, as defined in article six-A
    10  of this chapter[, to the extent  that  such  shelter  and  services  are
    11  necessary  and available to a victim of domestic violence, as defined in
    12  article six-A of this chapter, and in  need  of  emergency  shelter  and
    13  services,  who  was residing in the social services district at the time
    14  of the alleged domestic violence] and their minor children.
    15    2. [The department shall annually establish, subject to  the  approval
    16  of  the  director  of the budget, a daily rate of reimbursement for each
    17  residential program for victims of  domestic  violence,  as  defined  in
    18  article  six-A  of  this  chapter,  certified  by  the  department which
    19  provides emergency shelter and services to  persons  eligible  for  such
    20  emergency  shelter  and  services  pursuant  to  this  section. A social
    21  services district financially  responsible  for  a  victim  of  domestic
    22  violence  shall  reimburse a residential program for victims of domestic
    23  violence for the costs of emergency shelter  and  services  provided  to
    24  such  victim  at the daily reimbursement rate established by the depart-
    25  ment reduced by  any  other  reimbursement  available  for  such  costs]
    26  Subject  to the approval of the director of the budget, the commissioner
    27  is hereby authorized to enter  into  contracts  with  domestic  violence
    28  organizations,  as  defined in section four hundred fifty-nine-a of this
    29  chapter, to provide state financial assistance to support the provisions
    30  of domestic violence residential and non-residential services  and  care
    31  for victims of domestic violence and their minor children.
    32    3. The state financial assistance shall be in the form of grants.
    33    4.  The  commissioner  shall  require  that, in order to receive funds
    34  pursuant to this article, domestic violence organizations, as defined in
    35  article six-A of this chapter, shall submit an operating plan. Such plan
    36  shall include:
    37    (a) the manner in which the operating expenses of the program shall be
    38  met;
    39    (b) the  services  that  will  be  provided  to  victims  of  domestic
    40  violence; and
    41    (c)  evidence  demonstrating that services will be offered in a manner
    42  that complies with existing local, state  and  federal  laws  and  regu-
    43  lations.
    44    5.  Each  contract  entered  into  for  the  provision of services for
    45  victims of domestic violence and their children, pursuant to this  arti-
    46  cle,  shall be subject to the approval of the director of the budget and
    47  shall provide for payment to the not-for-profit domestic violence organ-
    48  ization pursuant to a payment schedule. The full amount of the  contract
    49  or  contracts,  or any appropriate portion thereof, as determined by the
    50  commissioner and subject to the approval of the director of the  budget,
    51  shall  be  available  for  payment at any time on or after the effective
    52  date of such contract.
    53    § 9. This act shall take effect immediately.
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