N.Y. Executive Law § 575: New York state office for the prevention of domestic violence

§ 575. New York state office for the prevention of domestic violence.

1. Establishment of office. There is hereby established within the

executive department the "New York state office for the prevention of

domestic violence", hereinafter in this section referred to as the

"office".

2. Duties and responsibilities. The office shall advise the governor

and the legislature on the most effective ways for state government to

respond to the problem of domestic violence. In fulfilling this

responsibility, the office shall consult with experts, service providers

and representative organizations in the field of domestic violence and

shall act as an advocate for domestic violence victims and programs.

3. Activities. In addition, the office shall develop and implement

policies and programs designed to assist victims of domestic violence

and their families, and to provide education and prevention, training

and technical assistance. Such domestic violence-related activities

shall include, but not be limited to:

(a) Serving as a clearinghouse for information and materials;

(b) Developing and coordinating community outreach and public

education throughout the state;

(c) Developing and delivering training to professionals, including but

not limited to professionals in the fields of:

(i) domestic violence;

(ii) health and mental health;

(iii) social and human services;

(iv) public education;

(v) law enforcement and criminal justice;

(vi) alcohol and substance abuse;

(d) Developing and promoting school-based prevention programs;

(e) Providing technical assistance to state and local government

bodies and other agencies and to private not-for-profit corporations, on

effective policies and responses to domestic violence, including

development of model domestic violence policies, pursuant to

subdivisions seven, eight and nine of this section;

(f) Promoting and facilitating interagency cooperation among state

agencies and intergovernmental cooperation between different levels of

government in the state in the delivery and/or funding of services;

(g) Operating as an advocate for domestic violence services and

victims;

(h) Undertaking program and services needs assessments on its own

initiative or at the request of the governor, the legislature or service

providers;

(i) Examining the relationship between domestic violence and other

problems and making recommendations for effective policy response;

(j) Collecting data, conducting research, and holding public hearings;

(k) Making periodic reports to the governor and the legislature

recommending policy and program directions and reviewing the activities

of the office;

(l) Developing and promoting senior center based prevention programs;

(m) promoting best practices for abusive partner intervention;

(n) Administering grant funds appropriated and made available to

support compliance with article one hundred twenty-nine-b of the

education law; and undertaking such actions, duties, and

responsibilities as may be necessary to serve the purpose of article one

hundred twenty-nine-b of the education law; and

(o) (i) Within amounts appropriated for such purpose, the office shall

contract with an organization designated by the federal department of

health and human services to coordinate statewide improvements within

local communities, social services systems, and programming regarding

the prevention and intervention of domestic violence in New York state

to mutually develop a training program as described in this paragraph.

The office and such organization shall be responsible for providing such

training to psychiatrists, psychologists and social workers who are

licensed in the state of New York, so that such individuals may conduct

court ordered forensic evaluations, involving child custody and

visitation pursuant to paragraph (a-3) of subdivision one of section two

hundred forty of the domestic relations law; for consulting with

domestic violence service providers and representative organizations in

the field of domestic violence when such training is provided in their

communities; and for reviewing and updating training topics at least

once every two years. Such training shall include, but not be limited

to, a review of: relevant statutes; case law and psychological

definitions of domestic violence; coercive control and child abuse; the

dynamics and effects of domestic violence and child abuse, including but

not limited to, emotional, financial, physical, technological and sexual

abuse; the barriers and fears associated with reporting domestic

violence and child abuse and why victims may not have documented

evidence of abuse; tactics commonly used by one party to induce fear in

another party or child, including verbal, emotional, psychological,

and/or economic abuse, isolating techniques, coercive control, and

monitoring of a partner's location and activities; litigation abuse and

demands for custody or joint custody in order to pressure the partner to

return or punish the partner for leaving; trauma, particularly as it

relates to sexual abuse and the risks posed to children and the

long-term dangers and impacts imposed by the presence of adverse

childhood experiences; the increased risk of escalating violence that

occurs during child custody proceedings; and the danger of basing child

custody decisions on claims that a child's deficient or negative

relationship with a parent is caused by the other parent.

(ii) The office, in consultation with the organization designated by

the federal department of health and human services to coordinate

statewide improvements within local communities, social services

systems, and programming regarding the prevention and intervention of

domestic violence in New York state, shall determine a reasonable number

of training-hours that shall be required for the first instance such

program is provided to psychiatrists, psychologists and social workers

and a reasonable number of training-hours that shall be required for

subsequent refresher courses provided to such individuals.

(iii) The organization designated by the federal department of health

and human services to coordinate statewide improvements within local

communities, social services systems, and programming regarding the

prevention and intervention of domestic violence in New York state shall

be responsible for providing a certification of completion to each

psychiatrist, psychologist or social worker who satisfies the

requirements of such training program, so that such individuals may

conduct court ordered forensic evaluations involving child custody and

visitation pursuant to paragraph (a-3) of subdivision one of section two

hundred forty of the domestic relations law; and

(p) Any other activities including the making of and promulgation of

rules and regulations deemed necessary to facilitate the prevention of

domestic violence within the scope and purview of this article which are

not otherwise inconsistent with any other provisions of law.

4. Advisory council. (a) An advisory council is hereby established to

make recommendations on domestic violence related issues and effective

strategies for the prevention of domestic violence, to assist in the

development of appropriate policies and priorities for effective

intervention, public education and advocacy, and to facilitate and

assure communication and coordination of efforts among state agencies

and between different levels of government, state, federal, and

municipal, for the prevention of domestic violence.

(b) The advisory council shall consist of nine members and seventeen

ex-officio members. Each member shall be appointed to serve for a term

of three years and shall continue in office until a successor appointed

member is made. A member appointed to fill a vacancy shall be appointed

for the unexpired term of the member he or she is to succeed. All of the

members shall be individuals with expertise in the area of domestic

violence. Three members shall be appointed by the governor, two members

shall be appointed upon the recommendation of the temporary president of

the senate, two members shall be appointed upon the recommendation of

the speaker of the assembly, one member shall be appointed upon the

recommendation of the minority leader of the senate, and one member

shall be appointed upon the recommendation of the minority leader of the

assembly. The ex-officio members of the advisory board shall consist of

the director of the office, who shall chair the council, and the

following members or their designees: the commissioner of the office of

temporary and disability assistance; the commissioner of the department

of health; the commissioner of the education department; the

commissioner of the office of mental health; the commissioner of the

office of addiction services and supports; the commissioner of the

division of criminal justice services; the superintendent of the

division of state police; the director of the office of probation and

correctional alternatives; the commissioner of the office of children

and family services; the director of the office of victim services; the

chief administrative judge of the office of court administration; the

commissioner of the department of labor; the director of the state

office for the aging; the commissioner of the department of corrections

and community supervision; the commissioner of homes and community

renewal; the chief executive officer of the New York state coalition

against domestic violence; and the executive director of the New York

state coalition against sexual assault.

(c) The advisory council shall meet as often as deemed necessary by

the chair but in no event less than two times per year.

(d) The members of the advisory council shall receive no salary or

other compensation for their services but shall be entitled to

reimbursement for actual and necessary expenses incurred in the

performance of their duties within amounts made available by

appropriation therefor subject to the approval of the director of the

budget. The ex-officio members of the advisory council shall receive no

additional compensation for their services on the advisory council above

the salary they receive from the respective departments or divisions

that employ them.

5. Executive director. (a) The governor shall appoint an executive

director of the office who shall serve at the pleasure of the governor.

(b) The executive director shall receive an annual salary fixed by the

governor within the amounts appropriated specifically therefor and shall

be entitled to reimbursement for reasonable expenses incurred in

connection with the performance of the director's duties.

(c) The director of the office, with the approval of the governor, may

accept as agent of the state any grant, including federal grants, or any

gift or donation for any of the purposes of this article. Any moneys so

received may be expended by the office to effectuate any purpose of this

article, subject to the applicable provisions of the state finance law.

(d) The executive director shall appoint staff and perform such other

functions to ensure the efficient operation of the office.

6. Assistance of other agencies. The office may request and shall

receive in a timely manner from any department, division, board, bureau,

commission or agency of the state, such information and assistance as

shall enable it to properly carry out its powers and duties pursuant to

this article.

7. Model domestic violence policy for counties. (a) The office shall

convene a task force of county level municipal officials, municipal

police and members of the judiciary, or their representatives, and

directors of domestic violence programs, including representatives from

a statewide advocacy organization for the prevention of domestic

violence, to develop a model domestic violence policy for counties. For

the purposes of this subdivision, "county" shall have the same meaning

as such term is defined in section three of the county law, except that

the city of New York shall be deemed to be one county. The office shall

give due consideration to the recommendations of the governor, the

temporary president of the senate and the speaker of the assembly for

participation by any person on the task force, and shall make reasonable

efforts to assure regional balance in membership.

(b) The purpose of the model policy shall be to provide consistency

and coordination by and between county agencies and departments,

including criminal justice agencies and the judiciary, and, as

appropriate, by municipalities or other jurisdictions within the county

and other governmental agencies and departments, by assuring that best

practices, policies, protocols and procedures are used to address the

issue of domestic violence, and to secure the safety of the victim

including, but not limited to:

(i) response, investigation and arrest policies by police agencies;

(ii) response by other criminal justice agencies, including

disposition of domestic violence complaints, the provision of

information and orders of protection;

(iii) response by human services and health agencies, including

identification, assessment, intervention and referral policies and

responses to victims and the perpetrators of domestic violence;

(iv) training and appropriate and relevant measures for periodic

evaluation of community efforts; and

(v) other issues as shall be appropriate and relevant for the task

force to develop such policy.

(c) Such model policy shall be reviewed by the task force to assure

consistency with existing law and shall be made the subject of public

hearings convened by the office throughout the state at places and at

times which are convenient for attendance by the public, after which the

policy shall be reviewed by the task force and amended as necessary to

reflect concerns raised at the hearings. If approved by the task force,

such model policy shall be provided as approved with explanation of its

provisions to the governor and the legislature not later than two years

after the effective date of this subdivision. Notification of the

availability of such model domestic violence policy shall be made by the

office to every county in the state, and copies of the policy shall be

made available to them upon request.

(d) The office in consultation with the task force, providers of

service, the advisory council and others, including representatives of a

statewide advocacy organization for the prevention domestic violence,

shall provide technical support, information and encouragement to

counties to implement the provisions of the model policy on domestic

violence.

(e) Nothing contained in this subdivision shall be deemed to prevent

the governing body of a county from designating a local advisory

committee to investigate the issues, work with providers of domestic

violence programs and other interested parties, and to aid in the

implementation of the policy required by this subdivision. Such

governing body or advisory committee may request and shall receive

technical assistance from the office for the development of such a

policy. Implementation of the model domestic violence policy may take

place in a form considered appropriate by the governing body of a

county, including guidelines, regulations and local laws.

(f) The office shall survey county governments within four years of

the effective date of this subdivision to determine the level of

compliance with the model domestic violence policy, and shall take such

steps as shall be necessary to aid county governments in the

implementation of such policy.

8. State domestic violence policy. (a) The office shall survey every

state agency to determine any activities, programs, rules, regulations,

guidelines or statutory requirements that have a direct or indirect

bearing on the state's efforts and abilities to address the issue of

domestic violence including, but not limited to, the provision of

services to victims and their families. Within two years of the

effective date of this subdivision, the office shall compile such

information and provide a report, with appropriate comments and

recommendations, to the governor and the legislature. For the purposes

of this subdivision, "state agency" shall have the same meaning as such

term is defined in section two-a of the state finance law.

(b) Within three years of the effective date of this subdivision the

office shall recommend a state domestic violence policy consistent with

statute and best practice, policies, procedures and protocols to the

governor and the legislature. The purpose of such model policy shall be

to provide consistency and coordination by and between state agencies

and departments to address the issue of domestic violence. In developing

such model policy, the office shall consult with a statewide advocacy

organization for the prevention of domestic violence, and shall assure

that the advisory council reviews all data and recommendations and shall

not submit such model policy until approved by the advisory council.

Such recommendations shall be provided exclusive of any study or report

the office is required to undertake pursuant to a chapter of the laws of

nineteen hundred ninety-four, entitled "the family protection and

domestic violence intervention act of 1994".

(c) No state agency shall promulgate a rule pursuant to the state

administrative procedure act, or adopt a guideline or other procedure,

including a request for proposals, directly or indirectly affecting the

provision of services to victims of domestic violence, or the provision

of services by residential or non-residential domestic violence

programs, as such terms are defined in section four hundred fifty-nine-a

of the social services law, or establish a grant program directly or

indirectly affecting such victims of domestic violence or providers of

service, without first consulting the office, which shall provide all

comments in response to such rules, guidelines or procedures in writing

directly to the chief executive officer of such agency, to the

administrative regulations review committee and to the appropriate

committees of the legislature having jurisdiction of the subject matter

addressed within two weeks of receipt thereof, provided that failure of

the office to respond as required herein shall not otherwise impair the

ability of such state agency to promulgate a rule. This paragraph shall

not apply to an appropriation which finances a contract with a

not-for-profit organization which has been identified for a state agency

without the use of a request for proposals.

9. Model domestic violence employee awareness and assistance policy.

(a) The office shall convene a task force including members of the

business community, employees, employee organizations, representatives

from the department of labor and the empire state development

corporation, and directors of domestic violence programs, including

representatives of statewide advocacy organizations for the prevention

of domestic violence, to develop a model domestic violence employee

awareness and assistance policy for businesses.

The office shall give due consideration to the recommendations of the

governor, the temporary president of the senate, and the speaker of the

assembly for participation by any person on the task force, and shall

make reasonable efforts to assure regional balance in membership.

(b) The purpose of the model employee awareness and assistance policy

shall be to provide businesses with the best practices, policies,

protocols and procedures in order that they ascertain domestic violence

awareness in the workplace, assist affected employees, and provide a

safe and helpful working environment for employees currently or

potentially experiencing the effects of domestic violence. The model

plan shall include but not be limited to:

(i) the establishment of a definite corporate policy statement

recognizing domestic violence as a workplace issue as well as promoting

the need to maintain job security for those employees currently involved

in domestic violence disputes;

(ii) policy and service publication requirements, including posting

said policies and service availability pamphlets in break rooms, on

bulletin boards, restrooms and other communication methods;

(iii) a listing of current domestic violence community resources such

as shelters, crisis intervention programs, counseling and case

management programs, legal assistance and advocacy opportunities for

affected employees;

(iv) measures to ensure workplace safety including, where appropriate,

designated parking areas, escort services and other affirmative

safeguards;

(v) training programs and protocols designed to educate employees and

managers in how to recognize, approach and assist employees experiencing

domestic violence, including both victims and batterers; and

(vi) other issues as shall be appropriate and relevant for the task

force in developing such model policy.

(c) Such model policy shall be reviewed by the task force to assure

consistency with existing law and shall be made the subject of public

hearings convened by the office throughout the state at places and at

times which are convenient for attendance by the public, after which the

policy shall be reviewed by the task force and amended as necessary to

reflect concerns raised at the hearings. If approved by the task force,

such model policy shall be provided as approved with explanation of its

provisions to the governor and the legislature not later than one year

after the effective date of this subdivision. The office shall make

every effort to notify businesses of the availability of such model

domestic violence employee awareness and assistance policy.

(d) The office in consultation with the task force, providers of

services, the advisory council, the department of labor, the empire

state development corporation, and representatives of statewide advocacy

organizations for the prevention of domestic violence, shall provide

technical support, information, and encouragement to businesses to

implement the provisions of the model domestic violence employee

awareness and assistance policy.

(e) Nothing contained in this subdivision shall be deemed to prevent

businesses from adopting their own domestic violence employee awareness

and assistance policy.

(f) The office shall survey businesses within four years of the

effective date of this section to determine the level of model policy

adoption amongst businesses and shall take steps necessary to promote

the further adoption of such policy.

10. Fatality review team. (a) There shall be established within the

office a fatality review team for the purpose of analyzing, in

conjunction with local representation, the domestic violence-related

death or near death of individuals, with the goal of:

(i) examining the trends and patterns of domestic violence-related

fatalities in New York state;

(ii) educating the public, service providers, and policymakers about

domestic violence fatalities and strategies for intervention and

prevention; and

(iii) recommending policies, practices, procedures, and services to

reduce fatalities due to domestic violence.

(b) A domestic violence-related death or near death shall mean any

death or near death caused by a family or household member as defined in

section eight hundred twelve of the family court act or section 530.11

of the criminal procedure law, except that there shall be no review of

the death or near death of a child for those cases in which the office

of children and family services is required to issue a fatality report

in accordance with subdivision five of section twenty of the social

services law.

(c) The team shall review deaths or near deaths in cases that have

been adjudicated and have received a final judgment and that are not

under investigation.

(d) Members of a domestic violence fatality review team shall be

appointed by the executive director, in consultation with the advisory

council, and shall include, but not be limited to, one representative

from the office of children and family services, the office of temporary

and disability assistance, the division of criminal justice services,

the state police, the department of health, the office of court

administration, the office of probation and correctional alternatives,

the department of corrections and community supervision, the office of

victim services, at least one representative from local law enforcement,

a county prosecutor's office, a local social services district, a member

of the judiciary, and a domestic violence services program approved by

the office of children and family services. A domestic violence fatality

review team may also include representatives from sexual assault

services programs, public health, mental health and substance abuse

agencies, hospitals, clergy, local school districts, local divisions of

probation, local offices of the department of corrections and community

supervision, the office of the medical examiner or coroner, any local

domestic violence task force, coordinating council or other interagency

entity that meets regularly to support a coordinated community response

to domestic violence, any other program that provides services to

domestic violence victims, or any other person necessary to the work of

the team, including survivors of domestic violence.

(e) The team shall identify potential cases and shall select which

deaths or near deaths will be reviewed each year. Localities may request

that the team conduct a review of a particular death or near death.

(f) The team shall work with officials and organizations within the

community where the death or near death occurred to conduct each review.

(g) Team members shall serve without compensation but are entitled to

be reimbursed for travel expenses to the localities where a fatality

review will be conducted and members who are full-time salaried officers

or employees of the state or of any political subdivision of the state

are entitled to their regular compensation.

(h) To the extent consistent with federal law, upon request the team

shall be provided client-identifiable information and records necessary

for the investigation of a domestic violence-related death or near death

incident, including, but not limited to:

(i) records maintained by a local social services district;

(ii) law enforcement records, except where the provision of such

records would interfere with an ongoing law enforcement investigation or

identify a confidential source or endanger the safety or welfare of an

individual;

(iii) court records;

(iv) probation and parole records;

(v) records from domestic violence residential or non-residential

programs;

(vi) records from any relevant service provider, program or

organization; and

(vii) all other relevant records in the possession of state and local

officials or agencies provided, however, no official or agency shall be

required to provide information or records concerning a person charged,

investigated or convicted in such death or near death in violation of

such person's attorney-client privilege.

(i) Any information or records otherwise confidential and privileged

in accordance with state law which are provided to the team shall remain

confidential as otherwise provided by law. All records received,

meetings conducted, reports and records made and maintained and all

books and papers obtained by the team shall be confidential and shall

not be open or made available, except by court order or as set forth in

paragraphs (k) and (l) of this subdivision.

(j) Any person who releases or permits the release of any information

protected under paragraph (i) of this subdivision to persons or agencies

not authorized to receive such information shall be guilty of a class A

misdemeanor.

(k) Team members and persons who present information to the team shall

not be questioned in any civil or criminal proceeding regarding any

opinions formed as a result of a meeting of the team. Nothing in this

section shall be construed to prevent a person from testifying as to

information which is obtained independently of the team or information

which is public.

(l) Team members are not liable for damages or other relief in any

action brought by reason of the reasonable and good faith performance of

a duty, function, or activity of the team.

(m) Consistent with all federal and state confidentiality protections,

the team may provide recommendations to any individual or entity for

appropriate actions to improve a community's response to domestic

violence.

(n) The team shall periodically submit a cumulative report to the

governor and the legislature incorporating the aggregate data and a

summary of the general findings and recommendations resulting from the

domestic violence fatality reviews completed pursuant to this

subdivision. The cumulative report shall thereafter be made available to

the public, consistent with federal and state confidentiality

protections.

11. Gender-based violence and the workplace policies. The office shall

consult with the division of human rights, department of labor, an

organization designated by the federal department of health and human

services to coordinate statewide improvements within local communities,

social services systems, and programming regarding the prevention and

intervention of domestic violence in New York state, and an organization

designated by the federal department of justice to provide direct

support to member rape and crisis centers in New York state through

funding, training and technical assistance, public awareness, and public

policy advocacy to create and publish a model gender-based violence and

the workplace policy that employers may utilize in their adoption of a

gender-based violence and the workplace policy required by section one

hundred thirty-nine-m of the state finance law. The office shall also

publish a model gender-based violence and the workplace policy for

executive agencies that such agencies may utilize in their adoption of a

gender-based violence and the workplace policy required by section one

hundred seventy-i of this chapter. Such model gender-based violence and

the workplace policy shall be publicly available and posted on the

websites of the office, the department of labor and the division of

human rights.