Lawyers Manual - Unified Court System

284 Amy E. Schwartz and Sharon Stapel
23. 05 INF-02 (Jan. 12, 2005) [mandating distribution of standardized receipt
for client’s documents]; see also, 18 NYCRR 600.6(a) and 02 INF-33
(Nov. 1, 2002) [which encouraged, but did not mandate, receipts for
documents and has been updated by 05 INF-02].
24. 98 ADM-3 (March 13, 1998; Errata Sept. 4, 1998); Social Services Law
§ 349-a(1-3); 18 NYCRR § 351.2(3-4).
25. 18 NYCRR § 347.5; 18 NYCRR § 351.2; 18 NYCRR § 369.2.
26. 06 INF-11 (March 16, 2006). Notably, this policy recognizes domestic
violence in gay or lesbian relationships and notes that same sex-couples
should be screened for domestic violence and both individuals should be
screened separately.
27. See 03 ADM-2 for a copy of LDSS-4813 “Desk Reference for DV
Screening under the FVO.”
28. See 03 ADM-2 (Feb. 24, 2003) and 06-56-0PE (Apr. 14, 2006). On April
14, 2006, New York City Human Resources Administration replaced its
Domestic Violence Informational Handout with a Domestic Violence Palm
Card, and updated the universal screening form. 06-56-0PE (Apr. 14,
2006).
29. New York’s screening policies and procedures were specifically evaluated
by the United States Government Accountability Office (GAO) in a report
entitled, State Approaches to Screening for Domestic Violence Could
Benefit from HHS Guidance, GAO-05-701 (August 2005).
30. 18 NYCRR § 351.2(l)(4)(iv); But see PD 01-75-OPE (Dec. 21, 2001)
which states workers should “[e]ncourage the individual to speak to the
Domestic Violence Liaison.” [Emphasis added.]
31. 18 NYCRR § 351.2(l)(4)(iv).
32. However, when reviewing financial eligibility, local districts can consider
unavailable to survivors of domestic violence (and therefore, not counted
in determining eligibility) any income lost when fleeing an abusive
situation, any resources belonging to the batterer and any resources that
cannot be accessed without compromising the survivor’s safety, 02 INF-36
(Nov. 5, 2002); As well, lien requirements may be waived, Id. Further, a
person who is denied an FVO waiver of the requirement to sign a lien or
mortgage against property that he or she owns as a condition of eligibility
for public assistance (Social Services Law § 106) may refuse to sign the
lien and still receive a public assistance grant for the remaining members
of the household. Temporary Assistance Source Book, ch 13, Resources, at