senate Bill S1435A

Directs preparation of report concerning child care subsidies and requirement to show good cause for failure to seek child support

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 07 / Jan / 2011
    • REFERRED TO CHILDREN AND FAMILIES
  • 04 / Jan / 2012
    • REFERRED TO CHILDREN AND FAMILIES
  • 18 / Jan / 2012
    • AMEND AND RECOMMIT TO CHILDREN AND FAMILIES
  • 18 / Jan / 2012
    • PRINT NUMBER 1435A

Summary

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.

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Bill Details

Versions:
S1435
S1435A
Legislative Cycle:
2011-2012
Current Committee:
Senate Children And Families
Law Section:
Executive Law
Laws Affected:
Add ยง501-i, Exec L
Versions Introduced in 2009-2010 Legislative Cycle:
S2011

Sponsor Memo

BILL NUMBER:S1435A

TITLE OF BILL:

An act
to amend the executive law, in relation to directing the office of
children and family services and 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 receiving a child care subsidy; and providing for the
repeal of such provisions upon expiration thereof

SUMMARY OF PROVISIONS:

The bill adds a new section 501-i to executive law to require that the
office of children and family services (OCFS), in collaboration with
the office of temporary and disability assistance, report to the
temporary president of the senate, the speaker of the assembly, the
chair of the senate committee on social services, children and
families and the chair of the assembly committee on children and
families concerning good cause for refusal to cooperate with the
requirements of regulation 18 NYCRR 415.3(c), and any other
regulation or directive affecting the requirement that such good
cause be established as to why the individual is not pursuing child
support from the non-custodial parent(s) either through the social
services district's child support enforcement program or through
other legal means.

The report is due as soon as possible but in any case not later than
May 29, 2013. Such report shall provide information on the following
for the preceding calendar year, or for the nearest measurable twelve
month period. The several items delineated for the report will
provide a picture of the reasons why individuals are or are not
cooperating with the directive, and whether cooperation creates
hardship.

JUSTIFICATION:

There have been very serious allegations made for the past several
years that the requirement in current State processes that low income
custodial parents actively seek child support from non-custodial
parents or show good cause as to why he or she cannot seek child
support, as a
condition of eligibility for a child care subsidy, constitutes such an
extreme disincentive to many individuals in need of such assistance
and as such fail to pursue needed assistance. The purpose of this
bill is to obtain information as speedily as possible from the state
agencies involved in order to take appropriate action.

PRIOR LEGISLATIVE HISTORY:

S.8170: 2007-08 Referred to Social Services, Children & Families,
Passed Senate
S.2011: 2009-10 Referred to Children & Families

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately and shall expire and be deemed
repealed April 1, 2014.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1435--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 7, 2011
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and  Families  --
  recommitted  to  the  Committee on Children and Families in accordance
  with Senate Rule 6, sec. 8  --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  to amend the executive law, in relation to directing the office
  of children and family services and the office of temporary and  disa-
  bility  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  receiving  a child care subsidy; 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:

  Section  1.  Legislative findings.   The legislature hereby finds that
certain parties allege that the office of children and family  services'
regulations  and  directives  requiring  low income custodial parents to
actively seek child support from  non-custodial  parents  or  show  good
cause  as  to why he or she cannot seek child support, as a condition of
eligibility for a child care subsidy, constitutes such an extreme disin-
centive to many individuals in need of such assistance and as such  fail
to  pursue needed assistance. The legislature finds that this is a seri-
ous allegation, and declares its intent to obtain information as speedi-
ly as possible from the state agencies involved in order to take  appro-
priate action.
  S  2.  The  executive  law is amended by adding a new section 501-i to
read as follows:
  S 501-I. REPORT CONCERNING CHILD CARE SUBSIDIES  AND  GOOD  CAUSE  FOR
FAILURE  TO  SEEK CHILD SUPPORT.   1.  THE OFFICE OF CHILDREN AND FAMILY
SERVICES, IN COLLABORATION WITH THE OFFICE OF TEMPORARY  AND  DISABILITY
ASSISTANCE,  SHALL  SUBMIT  A  REPORT  TO THE TEMPORARY PRESIDENT OF THE
SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIR OF THE SENATE  COMMITTEES

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04642-02-2

S. 1435--A                          2

ON  SOCIAL  SERVICES,  AND  CHILDREN  AND  FAMILIES AND THE CHAIR OF THE
ASSEMBLY COMMITTEE ON CHILDREN AND FAMILIES CONCERNING  THE  INFORMATION
RELATED  TO GOOD CAUSE FOR REFUSAL TO COOPERATE WITH THE REQUIREMENTS OF
REGULATION  18  NYCRR  415.3(C),  AND  ANY OTHER REGULATION OR DIRECTIVE
AFFECTING THE REQUIREMENT THAT SUCH GOOD CAUSE BE ESTABLISHED,  AS  SOON
AS  POSSIBLE  BUT IN ANY CASE NOT LATER THAN MAY TWENTY-NINTH, TWO THOU-
SAND THIRTEEN.  SUCH REPORT SHALL PROVIDE INFORMATION ON  THE  FOLLOWING
FOR  THE  PRECEDING  CALENDAR YEAR, OR FOR THE NEAREST MEASURABLE TWELVE
MONTH PERIOD, INCLUDING, BUT NOT LIMITED TO:
  (A) THE NUMBER OF APPLICANTS FOR CHILD CARE SUBSIDY ASSISTANCE;
  (B) THE NUMBER OF DENIALS FOR A CHILD CARE SUBSIDY;
  (C) THE NUMBER OF APPLICANTS WHO HAVE CLAIMED GOOD CAUSE  FOR  REFUSAL
TO COOPERATE IN SEEKING A CHILD SUPPORT ORDER OR ORDERS;
  (D)  THE  NUMBER  OF APPLICANTS FOR WHOM THERE HAS BEEN A FINDING THAT
GOOD CAUSE EXISTS FOR REFUSAL TO COOPERATE;
  (E) THE NUMBER OF APPLICANTS FOR WHICH THERE HAS BEEN A  FINDING  THAT
GOOD CAUSE FOR REFUSAL TO COOPERATE DOES NOT EXIST;
  (F)  THE  NUMBER  OF APPLICANTS FOR WHOM THE FINDING OF GOOD CAUSE FOR
REFUSAL TO COOPERATE IS DUE TO AN INDICATION OF THE PRESENCE OF DOMESTIC
VIOLENCE;
  (G) THE NUMBER OF APPLICANTS FOR WHOM THE FINDING OF  GOOD  CAUSE  FOR
REFUSAL  TO  COOPERATE  IS  DUE  TO  ANOTHER  REASON OTHER THAN DOMESTIC
VIOLENCE, AND THOSE REASONS;
  (H) THE NUMBER OF POTENTIAL APPLICANTS WHO ARE ELIGIBLE FOR CHILD CARE
SUBSIDY ASSISTANCE BUT WHO HAVE (I) FAILED TO COMPLETE THE  APPLICATION,
OR  (II)  FAILED TO APPLY BECAUSE OF THE REQUIREMENT, SUCH FIGURES TO BE
STATED AS SEPARATE CATEGORIES; AND
  (I) THE AMOUNT OF CHILD SUPPORT COLLECTED  ON  BEHALF  OF  CHILD  CARE
SUBSIDY   APPLICANTS,  INCLUDING,  AND  STATED  SEPARATELY,  THE  AMOUNT
COLLECTED IN CASES IN WHICH THE APPLICANT'S OR  RECIPIENT'S  COOPERATION
WITH THE REGULATION WAS NOT REQUIRED.
  2.  THE  OFFICE OF CHILDREN AND FAMILY SERVICES SHALL DIRECT ALL COUN-
TIES IN THE STATE TO FORWARD  TO  THE  OFFICE  OF  CHILDREN  AND  FAMILY
SERVICES,  WITHIN  THIRTY DAYS OF THE DATE OF THE REQUEST, SUCH INFORMA-
TION AS THE OFFICE OF CHILDREN AND FAMILY SERVICES  DEEMS  NECESSARY  TO
ACCOMPLISH  THE  DIRECTIVES  OF  THIS  SECTION. ALL COUNTIES SO DIRECTED
SHALL COMPLY WITH THE REQUEST.
  S 3. This act shall take effect immediately and shall  expire  and  be
deemed repealed April 1, 2014.

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