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

                                  4177

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 2, 2011
                               ___________

Introduced by M. of A. BARCLAY, McDONOUGH, AMEDORE -- Multi-Sponsored by
  -- M. of A. CALHOUN, CONTE, CROUCH, DUPREY, McKEVITT, SALADINO -- read
  once and referred to the Committee on Social Services

AN  ACT  to  amend  the social services law and the family court act, in
  relation to establishing a deadbeats most wanted  list  and  worldwide
  web page

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Article 5 of the social services law is amended by adding a
new title 10-A to read as follows:
                               TITLE 10-A
                          DEADBEATS MOST WANTED
SECTION 361. DEADBEATS MOST WANTED LIST.
        361-A. DEADBEATS MOST WANTED WORLDWIDE WEB PAGE.
  S 361. DEADBEATS MOST WANTED LIST.   1. THE COMMISSIONER  OF  CHILDREN
AND FAMILY SERVICES MAY DISCLOSE A "DEADBEATS MOST WANTED LIST" OF INDI-
VIDUALS  WHO  ARE  IN ARREARS IN THEIR CHILD SUPPORT OBLIGATIONS UNDER A
NEW YORK COURT ORDER OR ADMINISTRATIVE ORDER.  THE  LIST  SHALL  INCLUDE
ONLY  THOSE  PERSONS  WHO  ARE IN ARREARS IN AN AMOUNT GREATER THAN FIVE
THOUSAND DOLLARS (OR SUCH GREATER AMOUNT AS ESTABLISHED BY THE OFFICE OF
CHILDREN AND FAMILY SERVICES). THE LIST SHALL INCLUDE  THE  INDIVIDUAL'S
NAME  AND  ADDRESS,  THE  AMOUNT OF ANY CHILD SUPPORT ARREARAGE, AND ANY
OTHER INFORMATION DEEMED APPROPRIATE BY THE OFFICE OF CHILDREN AND FAMI-
LY SERVICES.
  2. AT LEAST NINETY DAYS BEFORE THE DISCLOSURE UNDER SUBDIVISION ONE OF
THIS SECTION OF THE NAME OF AN INDIVIDUAL WHO IS IN ARREARS  IN  HIS  OR
HER  CHILD  SUPPORT OBLIGATIONS, THE COMMISSIONER OF CHILDREN AND FAMILY
SERVICES SHALL MAIL A WRITTEN NOTICE TO THE INDIVIDUAL BY CERTIFIED MAIL
ADDRESSED TO THE INDIVIDUAL'S  LAST  KNOWN  ADDRESS.  THE  NOTICE  SHALL
DETAIL THE AMOUNT OF THE ARREARAGE AND THE OFFICE OF CHILDREN AND FAMILY
SERVICES' INTENT TO DISCLOSE THE ARREARAGE. IF THE ARREARAGE IS NOT PAID

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08698-01-1
              

A. 4177                             2

SIXTY  DAYS  AFTER  THE  NOTICE  WAS  DELIVERED TO THE INDIVIDUAL OR THE
OFFICE OF CHILDREN AND FAMILY SERVICES HAS BEEN NOTIFIED  THAT  DELIVERY
WAS  REFUSED,  AND  THE  INDIVIDUAL  HAS  NOT,  SINCE THE MAILING OF THE
NOTICE, ENTERED INTO A WRITTEN AGREEMENT WITH THE OFFICE OF CHILDREN AND
FAMILY  SERVICES FOR PAYMENT OF THE ARREARAGE, THE COMMISSIONER OF CHIL-
DREN AND FAMILY SERVICES MAY DISCLOSE THE INDIVIDUAL'S  ARREARAGE  UNDER
SUBDIVISION ONE OF THIS SECTION.
  3.  AN  INDIVIDUAL  IN ARREARS IN HIS OR HER CHILD SUPPORT OBLIGATIONS
UNDER A NEW YORK COURT ORDER OR ADMINISTRATIVE ORDER IS NOT  SUBJECT  TO
DISCLOSURE UNDER SUBDIVISION ONE OF THIS SECTION IF (A) A WRITTEN AGREE-
MENT  FOR  PAYMENT EXISTS BETWEEN THE INDIVIDUAL AND THE OFFICE OF CHIL-
DREN AND FAMILY SERVICES OR (B) THE  ARREARAGE  IS  THE  SUBJECT  OF  AN
ADMINISTRATIVE HEARING, ADMINISTRATIVE REVIEW, OR JUDICIAL REVIEW.
  4.  THE LIST SHALL BE AVAILABLE FOR PUBLIC INSPECTION AT THE OFFICE OF
CHILDREN AND FAMILY SERVICES OR BY OTHER MEANS OF PUBLICATION, INCLUDING
THE INTERNET.
  5. A DISCLOSURE MADE  BY  THE  COMMISSIONER  OF  CHILDREN  AND  FAMILY
SERVICES  IN  A GOOD FAITH EFFORT TO COMPLY WITH THIS SECTION MAY NOT BE
CONSIDERED A VIOLATION OF ANY CONFIDENTIALITY LAWS.
  S 361-A. DEADBEATS MOST WANTED WORLDWIDE WEB  PAGE.    THE  OFFICE  OF
CHILDREN  AND  FAMILY  SERVICES SHALL CREATE AND MAINTAIN OR CAUSE TO BE
CREATED AND MAINTAINED ONE OR MORE WORLDWIDE WEB PAGES CONTAINING INFOR-
MATION ON SELECTED INDIVIDUALS WHO ARE IN ARREARS IN THEIR CHILD SUPPORT
OBLIGATIONS UNDER A NEW YORK COURT ORDER OR  ADMINISTRATIVE  ORDER.  THE
INFORMATION REGARDING EACH OF THE INDIVIDUALS SHALL INCLUDE THE INDIVID-
UAL'S  NAME,  A PHOTOGRAPH IF AVAILABLE, THE AMOUNT OF THE CHILD SUPPORT
ARREARAGE, AND ANY OTHER INFORMATION DEEMED APPROPRIATE BY THE OFFICE OF
CHILDREN AND FAMILY SERVICES IN ITS DISCRETION. THE INDIVIDUALS  MAY  BE
CHOSEN  BY  THE  OFFICE  OF  CHILDREN AND FAMILY SERVICES USING CRITERIA
INCLUDING, BUT NOT LIMITED TO, THE AMOUNT OF THE ARREARAGE,  THE  EFFECT
OF  INCLUSION  OF  AN INDIVIDUAL UPON THE LIKELIHOOD OF THE INDIVIDUAL'S
PAYMENT OF AN ARREARAGE, THE MOTIVATIONAL EFFECT THAT  INCLUSION  OF  AN
INDIVIDUAL MAY HAVE ON THE WILLINGNESS OF OTHER INDIVIDUALS TO PAY THEIR
ARREARAGES, OR THE NEED TO LOCATE A PARTICULAR INDIVIDUAL. THE OFFICE OF
CHILDREN  AND FAMILY SERVICES SHALL MAKE THE PAGE OR PAGES ACCESSIBLE TO
INTERNET USERS THROUGH THE WORLDWIDE WEB.   THE OFFICE OF  CHILDREN  AND
FAMILY  SERVICES, IN ITS DISCRETION, MAY CHANGE THE CONTENTS OF THE PAGE
OR PAGES FROM TIME TO TIME.
  BEFORE INCLUDING INFORMATION ON THE WORLDWIDE WEB PAGE  CONCERNING  AN
INDIVIDUAL  WHO OWES PAST DUE SUPPORT, THE OFFICE OF CHILDREN AND FAMILY
SERVICES SHALL PROVIDE THE INDIVIDUAL WITH NOTICE AND AN OPPORTUNITY  TO
BE HEARD.
  S  2.  The  family court act is amended by adding a new section 159 to
read as follows:
  S 159. CHILD SUPPORT INFORMATION.   THE CLERKS OF  THE  FAMILY  COURTS
MAY, UPON REQUEST, COOPERATE WITH AND SUPPLY INFORMATION TO COUNTIES AND
MUNICIPALITIES  WISHING  TO  CREATE  AND  MAINTAIN  WORLDWIDE  WEB PAGES
CONTAINING INFORMATION ON INDIVIDUALS WHO ARE IN ARREARS IN THEIR  CHILD
SUPPORT  OBLIGATIONS AND HAVE BEEN FOUND TO BE IN CONTEMPT OF COURT AS A
RESULT OF THE EXISTENCE OF THAT ARREARAGE.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.