senate Bill S4446B

Directs preparation of report concerning family assistance 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

  • 01 / Apr / 2013
    • REFERRED TO CHILDREN AND FAMILIES
  • 06 / May / 2013
    • AMEND (T) AND RECOMMIT TO CHILDREN AND FAMILIES
  • 06 / May / 2013
    • PRINT NUMBER 4446A
  • 16 / May / 2013
    • AMEND (T) AND RECOMMIT TO CHILDREN AND FAMILIES
  • 16 / May / 2013
    • PRINT NUMBER 4446B
  • 20 / May / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 11 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 11 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1280
  • 12 / Jun / 2013
    • PASSED SENATE
  • 12 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 12 / Jun / 2013
    • REFERRED TO CHILDREN AND FAMILIES
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CHILDREN AND FAMILIES
  • 26 / Feb / 2014
    • REPORTED AND COMMITTED TO FINANCE

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:
S4446
S4446A
S4446B
Legislative Cycle:
2013-2014
Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Add ยง361, Soc Serv L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S1435A
2009-2010: S2011

Sponsor Memo

BILL NUMBER:S4446B

TITLE OF BILL: 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 receiving family assistance; and providing for the
repeal of such provisions upon expiration thereof

PURPOSE:

The purpose of this bill is to determine the effect that the Office of
Temporary and Disability Assistance's regulation that requires
applicants for family assistance to seek child support has on the
number of applications made by such applicants.

SUMMARY OF PROVISIONS:

Section two of the bill amends the Social Services Law by adding a new
section 361 that requires the Office of Temporary and Disability
Assistance ("OTDA") to issue a report concerning applicants for family
assistance who are required, Pursuant to OTDA's regulations (18 NYCRR
Part 369), to seek and order of child support as a prerequisite for an
award of family assistance. This report would provide statistical
information including the number of applicants for family assistance,
the number of denied applications, the number of applicants required
to seek an order of child support, the number of applicants that have
good cause not to seek an order of child support, and the number of
denied applications because the applicant could not establish good
cause for failing to seek an order of child support. The report is
required to be issued by December 31, 2015 to the Temporary President
of the Senate, the Speaker of the Assembly, the respective Chairs of
the Senate Committees on Children and Families, and Social Services,
and the respective Chairs of the Assembly Committees on Children and
Families, and Aging,

Section three of this bill provides that this act shall take effect
immediately and be deemed repealed April 1, 2016.

JUSTIFICATION:

State law requires that low income custodial parents actively seek
child support from their child's non-custodial parent, or show good
cause as to why he or she cannot seek child support, as a condition of
eligibility for receiving family assistance. It has been alleged that
this requirement constitutes such an extreme disincentive that many
affected individuals may decline to seek family assistance. This bill
requires OTDA to provide the Legislature with a report containing
statistical information regarding applicants for family assistance who
are required to seek child support, as well as other statistical
information regarding the family assistance program. The information
that will be provided in this report will enable the Legislature to
make an informed decision regarding the affect that the child support
requirement has on applicants for family assistance.

LEGISLATIVE HISTORY:


Similar to:
2011-2012: S.1435-A - Referred to Children and Families
2009-2010: S.2011 - Referred to Children and Families
2008: S.8170 - Passed the Senate

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect immediately and shall expire and be deemed
repealed April 1, 2016.

view bill text
                    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:

  Section  1.  Legislative findings.   The legislature hereby finds that
certain parties allege that  the  office  of  temporary  and  disability
assistance's  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  family  assistance,  constitute  such  an
extreme disincentive to many individuals in need of such assistance and,
thus,  they fail to pursue needed assistance. The legislature finds that
this is a serious allegation, and declares its intent to obtain informa-
tion as speedily as possible from the state agencies involved  in  order
to take appropriate action.
  S 2. The social services law is amended by adding a new section 361 to
read as follows:
  S  361. REPORT CONCERNING FAMILY ASSISTANCE AND GOOD CAUSE FOR FAILURE
TO SEEK CHILD SUPPORT.   1.   THE OFFICE  OF  TEMPORARY  AND  DISABILITY
ASSISTANCE,  SHALL  SUBMIT  A  REPORT  TO THE TEMPORARY PRESIDENT OF THE
SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIRS OF THE SENATE COMMITTEES
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

ASSEMBLY COMMITTEES ON CHILDREN AND FAMILIES AND AGING CONCERNING INFOR-
MATION  RELATED  TO  GOOD  CAUSE FOR REFUSAL TO COOPERATE WITH THE REGU-
LATIONS PROMULGATED IN ACCORDANCE WITH SECTION THREE HUNDRED  FIFTY-FIVE
OF  THIS  TITLE,  IN  CONNECTION WITH APPLICATIONS FOR FAMILY ASSISTANCE
REQUIRING APPLICANTS TO SEEK  CHILD  SUPPORT.    SUCH  REPORT  SHALL  BE
SUBMITTED  AS  SOON  AS POSSIBLE BUT IN ANY CASE NOT LATER THAN DECEMBER
THIRTY-FIRST, TWO THOUSAND FIFTEEN.  SUCH REPORT SHALL PROVIDE  INFORMA-
TION  ON THE FOLLOWING FOR THE PRECEDING CALENDAR YEAR, OR FOR THE NEAR-
EST MEASURABLE TWELVE MONTH PERIOD, INCLUDING, BUT NOT LIMITED TO:
  (A) THE NUMBER OF APPLICANTS FOR FAMILY ASSISTANCE;
  (B) THE NUMBER OF DENIALS FOR FAMILY ASSISTANCE;
  (C) THE NUMBER OF APPLICANTS REQUIRED TO SEEK A CHILD SUPPORT ORDER;
  (D) THE NUMBER OF APPLICANTS WITH ONE OR  MORE  CHILDREN  FOR  WHOM  A
CHILD  SUPPORT  ORDER  HAS BEEN ENTERED BUT HAS NOT BEEN ENFORCED BY THE
OFFICE;
  (E) THE NUMBER OF APPLICANTS WHO HAVE CLAIMED GOOD CAUSE  FOR  REFUSAL
TO COOPERATE IN SEEKING A CHILD SUPPORT ORDER OR ORDERS;
  (F)  THE  NUMBER  OF APPLICANTS FOR WHOM THERE HAS BEEN A FINDING THAT
GOOD CAUSE EXISTS FOR REFUSAL TO COOPERATE;
  (G) THE NUMBER OF APPLICANTS FOR WHICH THERE HAS BEEN A  FINDING  THAT
GOOD CAUSE FOR REFUSAL TO COOPERATE DOES NOT EXIST;
  (H)  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; AND
  (I) 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.
  2. THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE SHALL DIRECT  ALL
COUNTIES IN THE STATE TO FORWARD TO THE OFFICE OF TEMPORARY AND DISABIL-
ITY  ASSISTANCE,  WITHIN  THIRTY  DAYS  OF THE DATE OF THE REQUEST, SUCH
INFORMATION AS THE OFFICE OF TEMPORARY AND DISABILITY  ASSISTANCE  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, 2016.

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