Office for the Prevention of Domestic Violence

New York State Domestic Violence Fatality Review Initiative

New York State Fatality Review Legislation

The NYS Domestic Violence Fatality Review Team was established pursuant to Section 525 (10) of New York State Executive Law. Some provisions of the legislation are outlined below:

Goals of the Team

• To examine the trends and patterns of domestic violence-related fatalities in New York State;

• To educate the public, service providers, and policymakers about domestic violence fatalities in New York State; and

• To recommend policies, practices, procedures, and services to reduce fatalities due to domestic violence.

Team Members

• The team must contain representatives from thirteen identified state agencies and local entities. Various types of agencies are outlined as optional representatives.

Cases that can be reviewed

• Deaths or near deaths caused by a family or household member as defined in section 812 of the Family Court Act or section 530.11 of the Criminal Procedure Law¹;

• Cases must be closed (either adjudicated through the court system or not under investigation, i.e., murder/suicide).

How cases are chosen

• The team selects which fatalities it will review each year;

• Localities can request a review of a particular case.

Confidentiality

• The team is entitled to receive case records that would otherwise be confidential;

• The work of the team is confidential;

• Any breach of confidentiality by a team member is punishable by a Class A Misdemeanor.

Findings and Recommendations

• The team must submit periodic reports to the Governor and the Legislature, including aggregate data, a summary of general findings and recommendations resulting from reviews. All findings and recommendations will be non-case specific.

For more information, read the complete legislation.

1. The team will not review deaths of children for those cases in which the NYS Office of Children and Family Services is required to issue a fatality report in accordance with subdivision 5 of section 20 of the Social Services Law.