Adopts the family violence option in the Social Security Act permitting waiver of federal program requirements or penalty provisions for domestic violence services

3 Co-sponsors

• Helene Weinstein
• Joan Christensen
• Susan John

32 Multi-sponsors

• Carmen E. Arroyo
• Jeffrion Aubry
• James F. Brennan
• Richard Brodsky
• Marc Butler
• Ronald Canestrari
• Barbara Clark
• William Colton
• Vivian Cook
• Steven Cymbrowitz
• Jeffrey Dinowitz
• Adriano Espaillat
• Sandy Galef
• David Gantt
• Deborah Glick
• Richard Gottfried
• Dov Hikind
• Earlene Hooper
• Joseph Lentol
• Vito Lopez
• Margaret Markey
• John McEneny
• Joan Millman
• Catherine Nolan
• Felix Ortiz
• Audrey Pheffer
• J. Gary Pretlow
• Linda Rosenthal
• William Scarborough
• Robert Sweeney
• Darryl Towns
• Keith L.T. Wright

BILL NUMBER:A456A

Title of bill

An act to amend the social services law, in relation to adoption of the family violence option of section 402 (a) (7) of the federal social security act by the state of New York

Purpose

To provide victims of domestic violence and sexual assault who are recipients of public assistance with full protection from losing public assistance benefits under the new federal welfare reform law.

Provisions

Section 1: Legislative Intent.

Section 2: The social services law is amended by adding a new section 459-a-1.

Section 3: The social services law is amended by adding a new section 459-h.

Section 4: The social services law is amended by adding a new section 459-i

Section 5: The social services law is amended by adding a new section 459-j.

Section 6: The social services law is amended by adding a new section 459-k.

Section 7: The social services law is amended by adding a new section 459-l.

Section 8: The social services law is amended by adding a new section 459-m.

Justification

Victims of domestic violence require special needs and services when attempting to escape the crisis of abuse. Public assist- ance is often the only way victims are able to escape the abuse. There- fore, requiring victims to meet strict program requirements established by the federal welfare reform legislation (the Personal Responsibilities and Work Opportunity Reconciliation Act or PRWORA) further victimizes the victim by significantly hindering a victim from escaping the abuser. Recognizing that victims of domestic violence have special needs and require more flexibility, understanding and support, Congress adopted the Wellstone/Murray Amendment as part of the PRWORA. This amendment gives states the option to protect victims of domestic violence and sexual abuse from losing public assistance benefits when they are unable to meet the new program requirements.

By enacting this bill, New York State would take full advantage of this important amendment by adopting

ALL of the provisions and exemptions allowed in the bill. Specifically, the bill:

* Provides screening and identification of victims and ensures confiden- tiality of the victim's address.

* Waives work requirements because victims of domestic violence need more flexibility and are in danger of being exposed to abusers while at work or traveling to and from work.

* Waives victims from child support cooperation requirements. New York should ensure confidentiality of a victim's address and exempt victims from having to confront their abusers for the purposes of determining paternity or collecting child support.

* Waives Residency Requirements if the State enacts such requirements since victims often cross state and county lines to escape their abus- ers.

* Waives Family Cap provisions if the State enacts such a provision.

* Waives time limits since victims often need more time to achieve self- sufficiency.

This bill will also make sure that time spent in a shelter is not used toward the time requirements imposed by the welfare reform bill.

Prior legislative history

1/7/09 - A.456, referred to Social Services 1/9/08 - A.2345-A, referred to Social Services 5/21/07 - A.2345-A, referred to Ways & Means 1/4/06 - A.1053, referred to Social Services 1/18/05 - A.1053, referred to Social Services 1/7/04 - A.972, referred to Social Services 1/8/03 - A.972, referred to Social Services 1/09/02 - A.165, referred to Social Services

Fiscal impact

New York State will not lose any federal matching funds for public assistance recipients who are waived from the new program requirements.

Effective date

This act shall take effect on the first of July next succeeding the date on which it shall become a law.