PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed action:
Amendment of Part 452 of Title 18 NYCRR.
Statutory authority:
Social Services Law, sections 20(3)(d), 34(3)(f), 383-c, 384, 409-e and 459-g; and L. 2002, ch. 178
Subject:
Location or address of a domestic violence shelter.
Purpose:
To bring regulations into compliance with statutory mandates for confidentiality of the location and address of a domestic violence shelter.
Text of proposed rule:
Subdivision (c) of section 452.10 of Title 18 NYCRR is renumbered as subdivision (c)(1).
New subdivisions (c)(2) and (c)(3) are added to read as follows:
(c)(2) All information related to the general location or specific street address of a structure anticipated to house or housing a residential program for victims of domestic violence contained in any application or other document submitted to a state or local agency or any instrumentality thereof shall be kept confidential and not subject to release or disclosure in whole or in part. A state or local agency or any instrumentality thereof shall deny any request for such information made pursuant to Article 6 of the Public Officers Law in accordance with Section 87(2)(f) of such law.
(3) A state or local agency or any instrumentality thereof and its employees may disclose the general location or specific street address of a structure anticipated to house or housing a residential program for victims of domestic violence only where authorized by a Court of competent jurisdiction or otherwise expressly permitted by statute or regulation.
Text of proposed rule and any required statements and analyses may be obtained from:
Public Information Office, Office of Children and Family Services, 52 Washington St., Rensselaer, NY 12144, (518) 473-7793, e-mail: info@ocfs.state.ny.us
Data, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
45 days after publication of this notice.
Regulatory Impact Statement
1. Statutory Authority
Section 20(3)(d) of the Social Services Law (SSL) authorizes the Commissioner of the Office of Children and Family Services (OCFS) to establish rules, regulations and policies to carry out OCFS' powers and duties under the SSL.
Section 34(3)(f) of the SSL authorizes the Commissioner to establish regulations for the administration of public assistance and care within the State.
Section 459-a of the SSL defines “residential program for victims of domestic violence” and authorizes OCFS, as the successor agency to the former New York State Department of Social Services, to certify such residential programs for victims of domestic violence and to establish regulations to govern the operation of such programs.
Section 459-g(2) of the SSL authorizes OCFS to establish rules and regulations as to the confidentiality of the street address of any residential program for victims of domestic violence and to whom the address may be disclosed. More specifically, Section 459-g of the SSL requires that the address of such residential program “… contained in any application submitted to a state or local agency or instrumentality thereof prior to the filing of an application for funding pursuant to this article shall be kept confidential by those entities and their employees and may be disclosed only to persons designated by the rules and regulations of [OCFS].”
2. Legislative Objectives
The proposed regulation carries out the intent of the aforementioned statutory provisions by establishing rules that specify the limited circumstances under which information about the address of a residential program for victims of domestic violence may be disclosed by a state or local agency or any instrumentality thereof.
3. Needs and Benefits
The site location of residential programs for victims of domestic violence must be maintained in a confidential manner for the safety of victims of domestic violence temporarily residing in such residences. Strict limits on the release of this information will decrease the chances that a batterer will be able to obtain the site address and possibly harm victims of domestic violence temporarily residing at the site. These regulations expand the entities that must maintain site information they receive concerning residential programs for victims of domestic violence in a confidential manner to include state and local governmental agencies and instrumentalities thereof, including fire and safety inspectors, zoning boards and others. Such entities may not be aware of the sensitive nature of the information and may unintentionally make the information available.
4. Costs
The proposed amendment is necessary to conform with Section 459-g of the Social Services Law in relation to financial aid to local social services districts for domestic violence programs. The proposed amendment will not impose any costs on municipalities beyond those imposed by Federal and State statutes.
There is no adverse fiscal impact to the Office of Children and Family Services related to these proposed regulatory amendments. The proposed changes are technical in nature and essentially redefine and clarify existing requirements related to the confidentiality of residential programs for domestic violence victims. In addition, where current regulations have been slightly revised, these requirements represent an effort to codify and slightly expand the current policy to some non-OCFS stakeholders to include applications or other documents submitted to a state or local agency and clarify when and to whom that information can be disclosed neither of which should add any significant fiscal impact. Also, the residential domestic violence programs are currently practicing confidentiality by maintaining a separate and distinct business mailing address and by nondisclosure of the street address and description of these programs.
5. Local Government Mandates
Local agencies and instrumentalities that have information related to the address of residential programs for victims of domestic violence must maintain that information in a confidential manner and not disclose the information except as authorized by these regulations. This is likely to affect only a small percentage of local agencies and instrumentalities because most local entities would not, based on their function, learn of the site of residential programs for victims of domestic violence. Additionally, of those local agencies and instrumentalities affected by these regulations, many are probably already maintaining the information in accordance with these regulations and are strictly limiting release and disclosure of the site information.
6. Paperwork
No new paperwork is required by these regulations. Local or state agencies or entities in possession of information concerning the address of residential programs for victims of domestic violence will need to maintain established paper or electronic records in accordance with these regulations.
7. Duplication
These regulations do not duplicate other state or federal requirements.
8. Alternatives
Section 459-g(2) of the SSL authorizes promulgation of these regulations. Failing to adopt these regulations would leave state and local agencies and instrumentalities uncertain as to whether and under what circumstances site addresses of residential facilities for victims of domestic violence could be released, potentially resulting in conflicting policies and inadvertent disclosures. An early draft of the regulation would have authorized release of the information to law enforcement, fire departments and other emergency services. However, those entities do not need to know that a site houses a residential facility for victims of domestic violence to provide emergency services to the site. Accordingly, after careful consideration, the regulation limits access and release to a Court of competent jurisdiction or where expressly authorized by statute or regulation.
9. Federal Standards
These regulations meet but do not exceed any applicable federal standards.
10. Compliance Schedule
The confidentiality provisions required by these regulations would become effective upon the effective date of the regulations.
Regulatory Flexibility Analysis
1. Effect of Rule
These regulations will not have an impact upon small businesses. Local governmental agencies and instrumentalities that, as a function of their mission, become aware of the site location of residential programs for victims of domestic violence will need to maintain the information in a strictly confidential manner and not disclose the information except as authorized by these regulations.
2. Compliance Requirements
Those local governmental agencies and instrumentalities that come into the possession of information about the site address of residential programs for victims of domestic violence must store the information confidentially and not disclose the information to any person or entity except as authorized by these regulations.
3. Professional Services
These regulations do not create the need for additional professional services.
4. Compliance Costs
The State is required to comply with the amended Social Services Law as it relates to the confidential location of residential programs for victims of domestic violence. There are no additional mandates imposed by these regulations. The proposed amendment will not impose any significant costs on municipalities beyond those imposed by State and Federal statutes.
There is no adverse fiscal impact to the Office of Children and Family Services related to these proposed regulatory amendments. The proposed changes are technical in nature and essentially redefine and clarify existing requirements related to the confidentiality of residential programs for victims of domestic violence. In addition, where current regulations have been slightly revised, these requirements represent an effort to codify and slightly expand the current policy to some non-OCFS stakeholders to include applications or other documents submitted to a state or local agencies and clarify when and to who that information can be disclosed neither of which should add any significant fiscal impact. Also, the residential domestic violence programs are currently practicing confidentiality by maintaining a separate and distinct business mailing address and by nondisclosure of address and description of these programs.
5. Economic and Technological Feasibility
It is anticipated that local governmental agencies and instrumentalities have the economic and technological feasibility to confidentially maintain information that comes into their possession about the site addresses of residential programs for victims of domestic violence. Depending upon whether the information is maintained in an electronic database, it may be necessary to reprogram the database to prevent disclosing the address to unauthorized persons or entities.
6. Minimizing Adverse Impact
It is not anticipated that these regulations will result in an adverse impact on small businesses or local government agencies or instrumentalities. OCFS is prepared to provide or arrange for technical assistance to local governmental agencies or instrumentalities where compliance questions are raised by such entities.
7. Small Business and Local Government Participation
As noted above, these regulations will not affect small businesses. OCFS participated in a meeting with the New York City Department of Buildings and several residential programs for victims of domestic violence to discuss implementing the confidentiality provisions contained within Section 459-g(2) of the Social Services Law, which is the statutory provision that authorized OCFS to develop these regulations. Several options for compliance were discussed at the meeting. In addition, comment was solicited through the NYS Building Officials Conference, and received from building inspectors and other local government staff in the towns of Colonie, Poughkeepsie, Victor and Dryden.
Rural Area Flexibility Analysis
1. Types and estimated number of rural areas:
The proposed regulations may affect certain local governmental agencies and instrumentalities in the 44 counties that contain rural areas.
2. Reporting, recordkeeping and other compliance requirements; and professional services:
The proposed regulations will not create any new reporting or other compliance requirements, nor will it create a need for additional professional services. However, any locality in a rural area that has any existing records pertaining to the site address of a residential program for victims of domestic violence, they must be maintained in a strictly confidential manner and not released or disclosed except as authorized by these regulations.
3. Costs:
The proposed amendment is necessary to conform with Section 459-g of the Social Services Law in relation to financial aid to local Social Services Districts for domestic violence programs. The proposed amendment will not impose any costs on municipalities beyond those imposed by Federal and State statutes.
There is no adverse fiscal impact to the Office of Children and Family Services related to these proposed regulatory amendments. The proposed changes are technical in nature and essentially redefine and clarify existing requirements related to the confidentiality of domestic violence victims. In addition, where current regulations have been slightly revised, these requirements represent an effort to codify and slightly expand the current policy to some non-OCFS stakeholders to include applications or other documents submitted to a state or local agencies and clarify when and to who that information can be disclosed neither of which should add any significant fiscal impact. Also, the residential domestic violence programs are currently practicing confidentiality by maintaining a separate and distinct business mailing address and by nondisclosure of address and description of these programs.
4. Minimizing adverse impact:
It is not anticipated that these regulations will result in an adverse impact upon small businesses or local governmental agencies or upon instrumentalities in rural areas. OCFS is prepared to provide or arrange for technical assistance to local governmental agencies or instrumentalities where compliance questions are raised by such entities.
5. Rural area participation:
At the suggestion of the NYS Department of State, OCFS reached out to the New York State Building Officials Conference Technical Subcommittee, and invited that group to submit comments on a draft proposal. Comments were received from the towns of Colonie, Poughkeepsie, Victor and Dryden.
Job Impact Statement
A full job impact statement has not been prepared for the proposed regulation. The proposed regulation would not result in the loss of any jobs. It is apparent from the nature and purpose of the rule (confidentiality of site location of residential facilities for victims of domestic violence) that it will not have a substantially adverse impact on jobs and employment opportunities.
