TDA-03-16-00001-A Referrals of Human Trafficking Victims from Established Providers of Social or Legal Services

4/27/16 N.Y. St. Reg. TDA-03-16-00001-A

NEW YORK STATE REGISTER

VOLUME XXXVIII, ISSUE 17

April 27, 2016

RULE MAKING ACTIVITIES

OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE

NOTICE OF ADOPTION

 

I.D No. TDA-03-16-00001-A

Filing No. 365

Filing Date. Apr. 08, 2016

Effective Date. Apr. 27, 2016

Referrals of Human Trafficking Victims from Established Providers of Social or Legal Services

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:

Action taken:

Amendment of sections 765.1 and 765.2(d)-(e); renumbering of section 765.2(f)-(g) to 765.2(g)-(h); and addition of new section 765.2(f) to Title 18 NYCRR.

Statutory authority:

Social Services Law, sections 17(a)-(b), (i), 20(2)-(3)(d) and 34(3)(f); L. 2015, ch. 368; L. 2011, ch. 24; L. 2007, ch. 74

Subject:

Referrals of human trafficking victims from established providers of social or legal services.

Purpose:

Conform State regulations to referral requirements of chapter 368 of the Laws of 2015.

Text of final rule:

Section 765.1 is amended to read as follows:

§ 765.1 Scope.

The provisions of this Part shall govern the process and protocols for the Office of Temporary and Disability Assistance in assessing, and the social services districts in identifying, an individual as a State-confirmed human trafficking victim in New York State. In conjunction with the Division of Criminal Justice Services and Part 6174 of Title 9 NYCRR, the Office of Victim Services, and the Office for the Prevention of Domestic Violence, this Part shall also include defining the participant parties, the victim, the nature of the consultative role in the confirmation and appeal processes, and the process for required notifications, referrals and assistance to the prescribed parties.

§ 765.2 Definitions.

Subdivision (d) of § 765.2 is amended to read as follows:

(d) The term subject of referral shall mean a human trafficking victim referred by a statutory referral source under section [483-CC(A)] 483-cc(a) of the Social Services Law to the division and the office for assessment as a State-confirmed human trafficking victim.

Subdivision (e) of § 765.2 is amended to read as follows:

(e) The term statutory referral source shall mean either (i) the law enforcement agency or district attorney's office, or (ii) an established provider of social or legal services designated by the office, the Office for the Prevention of Domestic Violence, or the Office of Victim Services that, as soon as practicable after a first encounter with a person who reasonably appears to be a human trafficking victim, refers such human trafficking victim to the division and the office for assessment as a State-confirmed human trafficking victim. Provided however, in the case of an established provider of social or legal services, such established provider shall make such referral if the victim consents to seeking services pursuant to section 483-cc(a) of the Social Services Law.

Subdivisions (f) and (g) of § 765.2 are re-lettered subdivisions (g) and (h), and a new subdivision (f) is added to § 765.2 to read as follows:

(f) The term established provider of social or legal services shall include public agencies, county or municipal governments, or any subdivisions thereof; not-for-profit corporations, including charitable organizations incorporated, registered and in good standing with the charities bureau of the New York State Attorney General’s Office; faith-based organizations; and educational institutions.

(g) The term State-confirmed human trafficking victim shall mean a human trafficking victim referred by a statutory referral source who appears to meet the criteria for certification as a victim of a severe form of trafficking in persons pursuant to the federal Trafficking Victims Protection Act set forth in section 7105 of 22 U.S.C. (United States Code Annotated, Title 22, section 7105; Thomson West, West Headquarters, 610 Opperman Drive, Eagan, MN 55123. Copies may be obtained from the Office of Temporary and Disability Assistance, Public Information Office, 40 North Pearl Street, Albany, New York 12243-0001) or appears to be otherwise eligible for any Federal, State, or local benefits and services, in the judgment of the division, in consultation with the office and statutory referral source.

(h) The term case management provider shall mean [and] an entity under contract with the office pursuant to section [483-BB(B)] 483-bb(b) of the Social Services Law to provide services to certain State-confirmed human trafficking victims.

Final rule as compared with last published rule:

Nonsubstantive changes were made in section 765.2(e).

Text of rule and any required statements and analyses may be obtained from:

Richard P. Rhodes, Jr., New York State Office of Temporary and Disability Assistance, 40 North Pearl Street 16C, Albany, NY 12243-0001, [phone], email: [e-mail]

Revised Regulatory Impact Statement

Changes made to the published rule do not necessitate revision of the previously published RIS. In the new subdivision 18 NYCRR § 765.2(e), language was added to the regulatory text to align it with Social Services Law (SSL) § 483-cc(a) to clarify that a human trafficking victim’s consent to seek services pursuant to SSL § 483-cc(a) is required in order for an established provider of social or legal services to refer the victim to the Division of Criminal Justice Services (DCJS) and Office of Temporary and Disability Assistance as a State-confirmed human trafficking victim. This revision was made in response to public comments and merely clarifies that the human trafficking victim’s consent to seek services is required before an established provider of social or legal services refers the victim to the DCJS and OTDA as a State-confirmed human trafficking victim.

The clarifying language added has no substantive effect on the content of the published RIS; consequently, a revised RIS is unnecessary.

Revised Regulatory Flexibility Analysis

Changes made to the published rule do not necessitate revision of the previously published RFASB&LG In the new subdivision 18 NYCRR § 765.2(e), language was added to the regulatory text to align it with Social Services Law (SSL) § 483-cc(a) to clarify that a human trafficking victim’s consent to seek services pursuant to SSL § 483-cc(a) is required in order for an established provider of social or legal services to refer the victim to the Division of Criminal Justice Services (DCJS) and Office of Temporary and Disability Assistance as a State-confirmed human trafficking victim. This revision was made in response to public comments and merely clarifies that the human trafficking victim’s consent to seek services is required before an established provider of social or legal services refers the victim to the DCJS and OTDA as a State-confirmed human trafficking victim.

The clarifying language added has no substantive effect on the content of the published RFASB&LG consequently, a revised RFASB&LG is unnecessary.

Revised Rural Area Flexibility Analysis

Changes made to the published rule do not necessitate revision of the previously published RAFA. In the new subdivision 18 NYCRR § 765.2(e), language was added to the regulatory text to align it with Social Services Law (SSL) § 483-cc(a) to clarify that a human trafficking victim’s consent to seek services pursuant to SSL § 483-cc(a) is necessary in order for an established provider of social or legal services to refer the victim to the Division of Criminal Justice Services (DCJS) and Office of Temporary and Disability Assistance as a State-confirmed human trafficking victim. This revision was made in response to public comments and merely clarifies that the human trafficking victim’s consent to seek services is required before an established provider of social or legal services refers the victim to the DCJS and OTDA as a State-confirmed human trafficking victim.

The clarifying language added has no substantive effect on the content of the published RAFA; consequently, a revised RAFA is unnecessary.

Revised Job Impact Statement

Changes made to the published rule do not necessitate revision of the previously published JIS. In the new subdivision 18 NYCRR § 765.2(e), language was added to the regulatory text to align it with Social Services Law (SSL) § 483-cc(a) to clarify that a human trafficking victim’s consent to seek services pursuant to SSL § 483-cc(a) is required in order for an established provider of social or legal services to refer the victim to the Division of Criminal Justice Services (DCJS) and Office of Temporary and Disability Assistance as a State-confirmed human trafficking victim. This revision was made in response to public comments and merely clarifies that the human trafficking victim’s consent to seek services is required before an established provider of social or legal services refers the victim to the DCJS and OTDA as a State-confirmed human trafficking victim.

The clarifying language added has no substantive effect on the content of the published JIS; consequently, a revised JIS is unnecessary.

Initial Review of Rule

As a rule that requires a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2019, which is no later than the 3rd year after the year in which this rule is being adopted.

Assessment of Public Comment

The Office of Temporary and Disability Assistance (OTDA) received one comment relative to the regulatory amendments. This comment has been reviewed and duly considered in this Assessment of Public Comments.

The comment suggested revising the proposed regulatory text in 18 NYCRR § 765.2(e) to align it with Social Services Law (SSL) § 483-cc(a) to clarify that a human trafficking victim’s consent to seek services pursuant to SSL § 483-cc(a) is required in order for an established provider of social or legal services to refer the victim to the Division of Criminal Justice Services and OTDA as a State-confirmed human trafficking victim. OTDA agrees with this comment, and has revised the regulatory text to include the clarifying reference.