TDA-20-15-00001-A Information Appropriate for Victims of Sexual Assault
5/11/16 N.Y. St. Reg. TDA-20-15-00001-A
NEW YORK STATE REGISTER
VOLUME XXXVIII, ISSUE 19
May 11, 2016
RULE MAKING ACTIVITIES
OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE
NOTICE OF ADOPTION
I.D No. TDA-20-15-00001-A
Filing No. 425
Filing Date. Apr. 22, 2016
Effective Date. May. 11, 2016
Information Appropriate for Victims of Sexual Assault
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Addition of section 351.2(m) to Title 18 NYCRR.
Statutory authority:
Social Services Law, sections 17(a)-(b), (i), 20(2)-(3)(d), 34(3)(f) and 131(20); L. 2009, ch. 427
Subject:
Information appropriate for victims of sexual assault.
Purpose:
To require social services districts to make all applicants for and recipients of public assistance aware of their option to receive information appropriate for victims of sexual assault consistent with chapter 427 of the Laws of 2009.
Text or summary was published
in the May 20, 2015 issue of the Register, I.D. No. TDA-20-15-00001-P.
Final rule as compared with last published rule:
No changes.
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, 16-C, Albany, NY 12243-0001, (518) 486-7503, email: richard.rhodesjr@otda.ny.gov
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 two comments relative to the regulatory amendments. These comments have been reviewed and duly considered in the Assessment of Public Comments.
One comment suggested that OTDA provide information for victims of sexual assault directly to social services districts (SSDs) for incorporation into application packets provided to all public assistance (PA) applicants/recipients. OTDA is not adopting this comment. Implementation of this comment would not be practical, insofar as the information to be provided by each SSD is unique to that particular SSD. OTDA’s Administrative Directive 10 ADM-03 – “Providing Temporary Assistance Applicants and Recipients with Information Regarding Sexual Assault” (10 ADM-03) – informed SSDs that they must ensure that every applicant and recipient of PA is made aware of their option to receive information regarding services for victims of sexual assault. If a PA applicant/recipient requests such information, the SSD must provide information on all local programs that provide services to victims of sexual assault. This information must include, but is not limited to: addresses and phone numbers of local hospitals offering sexual assault forensic examiner services certified by the Department of Health; addresses and telephone numbers of local rape crisis centers; addresses and telephone numbers of local advocacy, counseling, and hotline services appropriate for victims of sexual assault; and telephone numbers of the New York State Hotline for Sexual Assault and Domestic Violence (1-800-942-6906 or 1-800-818-0656 [TTY]). Because three of the four required items of information are SSD-specific, and subject to periodic revisions and updating, they would not be conducive to distribution in an all-inclusive manner throughout all of the State’s SSDs. Instead, OTDA believes that the individual SSDs are best suited to provide this information most efficiently and effectively to victims of sexual assault within their specific populations.
One comment suggested adding “domestic violence shelters and services” to the list of information required to be distributed to victims of sexual assault under new § 351.2(m). OTDA is not adopting this comment. New § 351.2(m)(3) enumerates “other advocacy, counseling, and hotline services appropriate for victims of sexual assault” which encompasses domestic violence shelters and services. Furthermore, 10 ADM-03 requires SSDs to provide victims of sexual assault with the addresses and telephone numbers of local advocacy, counseling, and hotline services appropriate for victims of sexual assault, as well as the telephone numbers of the New York State Hotline for Sexual Assault and Domestic Violence. Additionally, PA applicants/recipients are already screened for domestic violence (DV), are given information about DV, and are given the opportunity to speak with a DV liaison as required by 18 NYCRR § 351.2(l)(4).
