S T A T E O F N E W Y O R K
________________________________________________________________________
5343--A
2013-2014 Regular Sessions
I N S E N A T E
May 16, 2013
___________
Introduced by Sen. GOLDEN -- read twice and ordered printed, and when
printed to be committed to the Committee on Social Services -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted 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 safety net 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 paragraph (ii) of subdivision 6 of section
158 of the social services law 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, constitutes such an extreme disincen-
tive to many individuals in need of such assistance and as such they
fail to pursue needed assistance. The legislature finds that this is a
serious allegation, and declares its intent to obtain information 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 159-a
to read as follows:
S 159-A. REPORT CONCERNING SAFETY NET 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
ASSEMBLY COMMITTEES ON SOCIAL SERVICES, AND CHILDREN AND FAMILIES
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11007-03-3
S. 5343--A 2
CONCERNING INFORMATION RELATED TO GOOD CAUSE FOR REFUSAL TO COOPERATE
WITH THE REQUIREMENTS OF PARAGRAPH (II) OF SUBDIVISION SIX OF SECTION
ONE HUNDRED FIFTY-EIGHT OF THIS TITLE AND THE REGULATIONS PROMULGATED
THEREUNDER, IN CONNECTION WITH APPLICATIONS FOR SAFETY NET ASSISTANCE
PURSUANT TO THIS TITLE. SUCH REPORT SHALL BE SUBMITTED AS SOON AS
POSSIBLE BUT IN ANY CASE NOT LATER THAN DECEMBER THIRTY-FIRST, TWO THOU-
SAND SIXTEEN. 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 INDIVIDUALS THAT APPEAR TO BE ELIGIBLE TO APPLY FOR
SAFETY NET ASSISTANCE;
(B) THE NUMBER OF APPLICANTS FOR SAFETY NET ASSISTANCE;
(C) THE NUMBER OF DENIALS FOR SAFETY NET ASSISTANCE;
(D) THE NUMBER OF APPLICANTS WHO HAVE CLAIMED GOOD CAUSE FOR REFUSAL
TO COOPERATE IN SEEKING A CHILD SUPPORT ORDER OR ORDERS;
(E) THE NUMBER OF APPLICANTS FOR WHOM THERE HAS BEEN A FINDING THAT
GOOD CAUSE EXISTS FOR REFUSAL TO COOPERATE;
(F) THE NUMBER OF APPLICANTS FOR WHICH THERE HAS BEEN A FINDING THAT
GOOD CAUSE FOR REFUSAL TO COOPERATE DOES NOT EXIST;
(G) 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
(H) 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, 2017.