New Laws Passed

Victim Notification of Incarceration Status

(A.714b Pheffer / S.5092 Meier) This law enhances crime victims' awareness of their rights. By requiring the Crime Victims Board to include in the Crime Victims pamphlet information on the VINE program, victims will be made aware of how to get updated information regarding an inmate in custody while also having an avenue to update the victim's contact information. This law also requires the District Attorney to consult with victims of violent felony offenses on the disposition of the case and requires such victims to receive notice on the final disposition of their case. This enables victims of violent felony offense to be aware of judicial proceedings. Lastly, the law also requires the Department of Corrections to notify District Attorneys when an inmate is released from State custody. These provisions will further assist victims in dealing with the aftermath of a crime by enabling the victim to be aware of judicial proceedings.

Confidentiality of Address/Telephone

(A.1377c Stringer / S.936b Balboni) This law will protect confidentiality and security for victims of domestic violence who have left their abusers. The law will ensure that medical records related to coverage under insurance policies, or the Child Health Plus, Medicaid Managed Care, or Family Health Plus Programs, are kept confidential if a person has a standing order of protection. It will ensure that abusers have one less record to track down their spouses.

Referees in Family Courts - 7 & 8 Judicial Districts

(A.1438a John / S.1076a Nozzolio) This law extends the judicial hearing officer pilot program which provides much needed resources to the family courts of Monroe and Erie counties. Monroe and Erie counties continue to see a high volume of cases which, without the judicial hearing officer program, would overwhelm court resources. This legislation therefore extends the program for another three years.

Extends law permitting referees to issue orders of protection

(A.8651 Weinstein / S.4135a Defrancisco) Requires training about domestic violence for all persons designated to serve as references pursuant to certain provisions of the Judiciary Law. Permitting referees to issue orders of protection has had a salutary effect by enhancing access to justice for victims of domestic violence. It has enabled the New York City Family Court to conduct regular night sessions in two of its most populous boroughs - the Bronx and Brooklyn - thus providing domestic violence victims with a means by which to secure emergency relief during extended hours (where they need not miss work to do so). With referees handling a greater portion of custody cases in Family Court, it permits the ordering of comprehensive relief without need to appear before multiple judicial and quasi-judicial officers. Finally, also in New York City, it permits victims of domestic violence to obtain orders of protection from the Queens County Family Court's satellite location in Long Island City - a more convenient location for many of the borough's residents This satellite facility has a video-hookup to a referee in the Queens Family Court, which, in all respects, has proven to be a successful and popular means of expanding access to justice throughout Queens.

Removes Cap on Value of Homestead for Crime Victim Compensation

(A.4466a DiNapoli / S.4811 Skelos) This law, by raising the limitation on household exemptions, allows for fluctuation of property values due to economic climates beyond the homeowner's control, and will offer crime victims more equitable compensation. Extending the renting period to ten years will offer those crime victims who are renters more equitable compensation. A homeowner who sustains physical injury as a result of a crime should not have to contemplate selling or re-mortgaging his or her home to cover medical expenses.

Makes Certain Provisions for Claims to Crime Victims Board

(A.6717 Paulin / S.3660 Spano) This law bridges several gaps in the crime victims law - gaps which had often been used as a basis to deny innocent victims the relief to which they are entitled. It allows a victim of an accident or crime, who has a preexisting disability or condition that has been exacerbated by such accident or crime, to receive compensation from the Crime Victims Board. The law also addresses the procedural due process rights of victims. The Board must give written notice to a claimant and indicate, for example, the date of a hearing, that the claimant may be represented by counsel and may be eligible for reimbursements of legal fees, and that the claimant may seek a review of the Board's final determination.

Authorizes Emergency Awards for Relocation Expenses

(A8526 Weinstein / S.5196 Nozzolio) Many victims of crime, particularly domestic violence victims and stalking victims, who wish to leave their homes for their safety, lack the resources to do so. This law authorizes the Crime Victims Board to provide awards up to $2500 to crime victims who must relocate for health and safety reasons. Local victim service programs - including shelters - are encouraged to continue to work with the Crime Victims Board in developing such plans and assisting the victim in the relocation process. Relocation expenses can include moving expenses for personal belongings and transportation expenses.

State / Local Cooperation on Missing Child Prompt Response Plans

(A.8312 Magnarelli / S.5470 Skelos This law expands the mandate of the office within the State Division of Criminal Justice Services charged with establishing Amber Alert programs. The office will now undertake additional outreach efforts to units of local government that endeavor to establish Amber Alert plans. Rather than only providing assistance and disseminating model materials to local governments, the office would be charged with the goal of helping to implement Amber Alert plans in every jurisdiction in New York. This effort will help to further reduce the number of children abducted and aid in the apprehension of perpetrators.


Vetoed Bills

Dual Track Response Child Protective Demonstration Project

(A.313a Paulin / S.1574a Rath) This bill would have enacted the Dual Track Response Demonstration Project designed to minimize the adversarial relationship that results from the initiation of a child protective investigation and substitute a service-based approach in less serious cases of child abuse or maltreatment; serious cases of child abuse and neglect would have still been subject to full-fledged CPS investigation; seven social services districts would have been selected to participate in this demonstration project. Governor Pataki vetoed 8/2/05

Requiring Public Employers to develop workplace violence programs

(A.8940 John / S.5773 Spano) This bill would have required public employers to develop and implement programs to prevent and minimize workplace violence and would have allowed any public employee or representative of public employees who believes that a serious violation of safety or health standard exists, or an imminent danger exists, to request an inspection. Governor Pataki vetoed 8/30/05


Permanency Laws: New Law Will Impact Mandated Reporters of Suspected Child Abuse & Neglect
Governor Pataki recently signed the Permanency Bill (S.5805/A.7225) into law. The law enacts various reforms in child foster care placement, adoption, and termination of parental rights. The bill also includes a provision which will require any mandated reporter who makes a report that begins an investigation of child abuse or neglect to turn over their client or patient records if CPS workers believe they are essential to the investigation.

A simple ask from the investigating CPS worker is sufficient to trigger this requirement and there need not be an actual Article 10 case filed. The records are merely to aid the investigation process.

Organized Opposition

In the days leading up to the deadline for the Governor to sign the bill into law, NYSCADV reached out to a great number of organizations - over 25 in fact - in order to organize opposition to the provision from a wide range of advocacy and legal organizations. Some of these organizations are NYS Coalition Against Sexual Assault, Family Planning Advocates of NYS, American College of Obstetricians and Gynecologists, the New York State chapter of the National Association of Social Workers, UJA Federation, the Lawyers Committee Against Domestic Violence, Empire Justice Center, Legal Aid Society, Sanctuary for Families, and NYU Law School Family Defense Clinic.

Disappointment

We were successful in mobilizing a great deal of opposition to this provision and we are grateful for the role these organizations played in that effort. We are also grateful to those of you who took the time to call Governor Pataki to voice your own opposition. That said, we were not successful in our efforts to have the Governor eliminate or modify this provision before he signed the bill into law. This provision goes into effect in on November 21, 2005.

In the multiple meetings and phone calls with the Governor's office, his counsel continued to reiterate their belief that "only records pertaining to the report" would be required to be provided to the CPS worker asking for records. We interpret that to mean, for example, that if a physician makes a note in a patient chart about suspecting child abuse or neglect, then calls CPS and CPS demands the physician's records, the physician has to provide only that note about the suspected abuse or neglect… not the entire chart containing a multitude of personal information about the patient.

Further Advocacy

Governor's counsel did agree, however, to the creation of guidelines for mandatory reporters to clarify these issues and arranged for the State Office of Children & Family Services (OCFS) to meet with us for that purpose. This important meeting provided us an opportunity to make sure CPS workers are trained to reflect what the Governor's office and the Legislature intended - they'll have access to records specific to the call about suspected abuse or neglect - not entire charts or files. And that mandatory reporters will have specific guidelines regarding the limitations of this new law. OCFS agreed to incorporate these points in their trainings for CPS and mandated reporters and to include the information in their Summary Guide for Mandated Reporters maintained on their website.

However, as you know, implementation is ultimately where we will need to focus our attention when this law takes effect on November 21, 2005. New York's decentralized system means counties have their own way of doing things and not all local social service districts will implement this provision the same way, despite how the state trains them. Before this bill even passed, let alone this provision enacted, we have an example of this. A child protective service agency in Western New York contacted a local domestic violence program to demand all records on a suspected abuse/neglect case they were investigating. So, we need you to help keep us informed as to how this provision is implemented locally. And we will keep you updated on our discussions and outcomes with OCFS.

In the meantime, please remember the following: