Lawyers Manual - Unified Court System

Public Assistance and Housing 285
9 available at Office of Temporary and Disability Assistance,
http://www.otda.state.ny.us/otda/ta/sourcebook/TASB_FEB_2005.pdf (last
visited June 19, 2006).
33. Because the FVO applies only in cases involving Temporary Assistance
programs such as FA and SNA, DVLs cannot grant individuals with “Food
Stamps only” or “Medicaid only” cases domestic violence waivers from
those specific program requirements (such as child support cooperation or
work requirements). If family violence is an issue, those clients might
consider seeking “good cause” exceptions from those requirements. For a
discussion about “good cause” waivers, see section on “Child Support,
Spousal Support, Maintenance, and Equitable Distribution Issues,” and
“Child Care Subsidy Program” infra.
34. See 18 NYCRR § 351.2(l)(2)(iii), 98 ADM-3 (March 13, 1998; Errata Sept.
4, 1998) for the guidelines to the local districts for contracting out the DVL
services. Depending upon the particularities of the local district, some
domestic violence program-based DVLs conduct their client interviews and
assessments at locations outside of the DSS office, such as a shelter. Local
districts must be able to ensure that the client can get to the alternate location
and that her safety and confidentiality will be maintained. Additionally, O3
INF-29 (July 18, 2003), contains a county-by-county list of DVLs and their
contact information, including those sub-contracting agencies.
35. 18 NYCRR § 357(3)(I); see also 02 INF-36 (Nov. 5, 2002).
36. PD 01-75-OPE (Dec. 21, 2001); 18 NYCRR § 352.1, which addresses
service plans, was amended to include the purpose of the service plans as
“designed to lead to work, to the extent that the plan would not make it
more difficult for the survivor to escape domestic violence or unfairly
penalize those individuals who are or have been victimized by domestic
violence or who are at risk of further domestic violence.”
37. The applicant is only required to submit a “sworn statement” as proof of
domestic violence. Temporary or final order of protection, police and
hospital records, letter from domestic violence shelter and/or letter from
other advocates can be helpful but are not required.
38. Social Services Law § 349-a(4); 18 NYCRR § 351.2(l)(5).
39. 98 ADM-3 (March 13, 1998; Errata Sept. 4, 1998); 02 INF-36 (Nov. 5, 2002).
40. 99 ADM-8 (November 2, 1999).
41. For detailed rules, see 18 NYCRR § 351.2.