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

                                  2011

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 10, 2009
                               ___________

Introduced  by  Sens. GOLDEN, MORAHAN -- read twice and ordered printed,
  and when printed to be committed to  the  Committee  on  Children  and
  Families

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-e to
read as follows:
  S 501-E. 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
ON  SOCIAL  SERVICES,  AND  CHILDREN  AND  FAMILIES AND THE CHAIR OF THE
ASSEMBLY COMMITTEE ON CHILDREN AND FAMILIES CONCERNING  THE  INFORMATION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07496-01-9
              

S. 2011                             2

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 TEN.  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, 2011.