N.Y. Social Services Law 459-G – Cooperation of an abuser not required as a condition of eligibility for benefits or services
§ 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.
Terms Used In N.Y. Social Services Law 459-G
- Victim of domestic violence: means any person over the age of sixteen, any married person or any parent accompanied by his or her minor child or children in situations in which such person or such person's child is a victim of an act which would constitute a violation of the penal law, including, but not limited to acts constituting disorderly conduct, harassment, aggravated harassment, sexual misconduct, forcible touching, sexual abuse, stalking, criminal mischief, menacing, reckless endangerment, kidnapping, assault, attempted assault, attempted murder, criminal obstruction of breathing or blood circulation, strangulation, identity theft, grand larceny or coercion; and
(i) such act or acts have resulted in actual physical or emotional injury or have created a substantial risk of physical or emotional harm to such person or such person's child; and
(ii) such act or acts are or are alleged to have been committed by a family or household member. See N.Y. Social Services Law 459-A
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.