Bill Text: NY S04446 | 2013-2014 | General Assembly | Amended

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Bill Title: Directs the office of children and family services and the office of temporary and disability assistance to prepare a report concerning low income custodial parent's requirement to show good cause for a refusal to seek child support as a requirement for receiving a child care subsidy; provides for the repeal of such provisions upon expiration thereof.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2014-02-26 - REPORTED AND COMMITTED TO FINANCE [S04446 Detail]

Download: New_York-2013-S04446-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4446--B
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                     April 1, 2013
                                      ___________
       Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
         printed to be committed to the Committee on Children and  Families  --
         committee  discharged,  bill amended, ordered reprinted as amended and
         recommitted to said committee -- committee discharged,  bill  amended,
         ordered reprinted as amended and recommitted to said committee
       AN  ACT  to  amend the social services law, in relation to directing the
         office of temporary and disability  assistance  to  prepare  a  report
         concerning  low  income  custodial  parents'  requirement to show good
         cause for a refusal to seek child support as a requirement for receiv-
         ing family assistance; and providing for the repeal of such provisions
         upon expiration thereof
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Legislative findings.   The legislature hereby finds that
    2  certain parties allege that  the  office  of  temporary  and  disability
    3  assistance's  regulations  and directives requiring low income custodial
    4  parents to actively seek child support  from  non-custodial  parents  or
    5  show  good  cause  as  to  why he or she cannot seek child support, as a
    6  condition of eligibility  for  family  assistance,  constitute  such  an
    7  extreme disincentive to many individuals in need of such assistance and,
    8  thus,  they fail to pursue needed assistance. The legislature finds that
    9  this is a serious allegation, and declares its intent to obtain informa-
   10  tion as speedily as possible from the state agencies involved  in  order
   11  to take appropriate action.
   12    S 2. The social services law is amended by adding a new section 361 to
   13  read as follows:
   14    S  361. REPORT CONCERNING FAMILY ASSISTANCE AND GOOD CAUSE FOR FAILURE
   15  TO SEEK CHILD SUPPORT.   1.   THE OFFICE  OF  TEMPORARY  AND  DISABILITY
   16  ASSISTANCE,  SHALL  SUBMIT  A  REPORT  TO THE TEMPORARY PRESIDENT OF THE
   17  SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIRS OF THE SENATE COMMITTEES
   18  ON SOCIAL SERVICES, AND CHILDREN AND FAMILIES  AND  THE  CHAIRS  OF  THE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07252-09-3
       S. 4446--B                          2
    1  ASSEMBLY COMMITTEES ON CHILDREN AND FAMILIES AND AGING CONCERNING INFOR-
    2  MATION  RELATED  TO  GOOD  CAUSE FOR REFUSAL TO COOPERATE WITH THE REGU-
    3  LATIONS PROMULGATED IN ACCORDANCE WITH SECTION THREE HUNDRED  FIFTY-FIVE
    4  OF  THIS  TITLE,  IN  CONNECTION WITH APPLICATIONS FOR FAMILY ASSISTANCE
    5  REQUIRING APPLICANTS TO SEEK  CHILD  SUPPORT.    SUCH  REPORT  SHALL  BE
    6  SUBMITTED  AS  SOON  AS POSSIBLE BUT IN ANY CASE NOT LATER THAN DECEMBER
    7  THIRTY-FIRST, TWO THOUSAND FIFTEEN.  SUCH REPORT SHALL PROVIDE  INFORMA-
    8  TION  ON THE FOLLOWING FOR THE PRECEDING CALENDAR YEAR, OR FOR THE NEAR-
    9  EST MEASURABLE TWELVE MONTH PERIOD, INCLUDING, BUT NOT LIMITED TO:
   10    (A) THE NUMBER OF APPLICANTS FOR FAMILY ASSISTANCE;
   11    (B) THE NUMBER OF DENIALS FOR FAMILY ASSISTANCE;
   12    (C) THE NUMBER OF APPLICANTS REQUIRED TO SEEK A CHILD SUPPORT ORDER;
   13    (D) THE NUMBER OF APPLICANTS WITH ONE OR  MORE  CHILDREN  FOR  WHOM  A
   14  CHILD  SUPPORT  ORDER  HAS BEEN ENTERED BUT HAS NOT BEEN ENFORCED BY THE
   15  OFFICE;
   16    (E) THE NUMBER OF APPLICANTS WHO HAVE CLAIMED GOOD CAUSE  FOR  REFUSAL
   17  TO COOPERATE IN SEEKING A CHILD SUPPORT ORDER OR ORDERS;
   18    (F)  THE  NUMBER  OF APPLICANTS FOR WHOM THERE HAS BEEN A FINDING THAT
   19  GOOD CAUSE EXISTS FOR REFUSAL TO COOPERATE;
   20    (G) THE NUMBER OF APPLICANTS FOR WHICH THERE HAS BEEN A  FINDING  THAT
   21  GOOD CAUSE FOR REFUSAL TO COOPERATE DOES NOT EXIST;
   22    (H)  THE  NUMBER  OF APPLICANTS FOR WHOM THE FINDING OF GOOD CAUSE FOR
   23  REFUSAL TO COOPERATE IS DUE TO AN INDICATION OF THE PRESENCE OF DOMESTIC
   24  VIOLENCE; AND
   25    (I) THE NUMBER OF APPLICANTS FOR WHOM THE FINDING OF  GOOD  CAUSE  FOR
   26  REFUSAL  TO  COOPERATE  IS  DUE  TO  ANOTHER  REASON OTHER THAN DOMESTIC
   27  VIOLENCE, AND THOSE REASONS.
   28    2. THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE SHALL DIRECT  ALL
   29  COUNTIES IN THE STATE TO FORWARD TO THE OFFICE OF TEMPORARY AND DISABIL-
   30  ITY  ASSISTANCE,  WITHIN  THIRTY  DAYS  OF THE DATE OF THE REQUEST, SUCH
   31  INFORMATION AS THE OFFICE OF TEMPORARY AND DISABILITY  ASSISTANCE  DEEMS
   32  NECESSARY  TO ACCOMPLISH THE DIRECTIVES OF THIS SECTION. ALL COUNTIES SO
   33  DIRECTED SHALL COMPLY WITH THE REQUEST.
   34    S 3. This act shall take effect immediately and shall  expire  and  be
   35  deemed repealed April 1, 2016.