Requires limit to maximum length of stay at residential program for victims of domestic violence.
TITLE OF BILL: An act to amend the social services law, in relation to residential services for victims of domestic violence
PURPOSE: This bill would extend the maximum amount of days victims of domestic violence may stay in residential programs from 135 days to 180 days, ensuring additional time for them to secure permanent housing.
SUMMARY OF PROVISIONS: Section One - amends section 459-b of the social services law by stating that up to two extensions of up to forty-five days of necessary and available emergency shelter and services at a residential program for victims of domestic violence if neither the resident, the social services district nor the residential program is able to secure alternative housing, as defined by regulation, for the resident and such housing is necessary.
JUSTIFICATION: New York State is the only state in the nation that provides welfare based shelter programs, and to qualify, one must receive public assistance. It has been shown that victims of domestic violence have the highest rate of leaving public assistance than any other group, and that these victims typically use public assistance as a means to secure permanent housing away from their abuser - which can take as long as a year.
This legislation will provide for a second, 45 day extension for an individual or family affected by domestic violence if neither the resident or social services is unable to secure safe, alternative housing. Expecting an individual, more importantly, family to start a new life in 90 days is unrealistic in some cases. This legislation would provide for the support of an additional 45 day extender is necessary.
LEGISLATIVE HISTORY: Senate: 2009-10: S.5043A - Passed Senate 2008: Referred to Social Services Committee 2006: Referred to Social Services Committee 2011: Referred to Social Services Committee Assembly: 2009-10: A.455A (Jacobs) - Referred to Social Services 2011: Passed Assembly
FISCAL IMPLICATIONS: To be determined.
EFFECTIVE DATE: This act shall take effect 180 days after becoming law, with provisions.
STATE OF NEW YORK ________________________________________________________________________ 6308 IN SENATE January 24, 2012 ___________Introduced by Sen. BALL -- read twice and ordered printed, and when printed to be committed to the Committee on Social Services AN ACT to amend the social services law, in relation to residential services for victims of domestic violence THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 459-b of the social services law, as added by chap- ter 169 of the laws of 1994, is amended to read as follows: S 459-b. Residential services for victims of domestic violence. In accordance with section one hundred thirty-one-u of this chapter and the regulations of the
[department]OFFICE OF CHILDREN AND FAMILY SERVICES, a social services district shall offer and provide necessary and avail- able emergency shelter and services FOR UP TO NINETY DAYS at a residen- tial program for victims of domestic violence to a victim of domestic violence who was residing in the social services district at the time of the alleged domestic violence whether or not such victim is eligible for public assistance; PROVIDED, HOWEVER, THAT SUCH LAW, RULES AND REGU- LATIONS SHALL PERMIT UP TO TWO EXTENSIONS OF UP TO FORTY-FIVE DAYS OF NECESSARY AND AVAILABLE EMERGENCY SHELTER AND SERVICES AT A RESIDENTIAL PROGRAM FOR VICTIMS OF DOMESTIC VIOLENCE IF NEITHER THE RESIDENT, THE SOCIAL SERVICES DISTRICT NOR THE RESIDENTIAL PROGRAM IS ABLE TO SECURE ALTERNATIVE HOUSING, AS DEFINED BY REGULATION, FOR THE RESIDENT AND SUCH HOUSING IS NECESSARY. S 2. This act shall take effect on the one hundred eightieth day after it shall have become a law; provided, however, that effective immediate- ly the commissioner of children and family services is authorized and directed to promulgate such rules and regulations as he or she deems necessary to implement the provisions of this act on or before its effective date.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04266-02-2