NY State Senate Bill 2015-S5423

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 15, 2016	reported and committed to finance
Jan 06, 2016	referred to social services
May 14, 2015	referred to social services

Votes

- Mar 15, 2016 - Social Services Committee Vote
  S5423
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Social Services Committee Vote: Mar 15, 2016
      
      aye (7)
      
      Amedore
      
      Carlucci
      
      Farley
      
      LaValle
      
      Martins
      
      Persaud
      
      Squadron

2015-S5423 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Social Services Law
Laws Affected:: Amd §§111-c & 111-k, add §111-l, Soc Serv L; amd §425, Fam Ct Act

2015-S5423 (ACTIVE) - Summary

Relates to administrative procedures for establishing support orders.

2015-S5423 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5423

TITLE OF BILL:

An act to amend the social services law and the family court act, in
relation to administrative procedures for establishing support orders;
and providing for the repeal of such provisions upon expiration
thereof

Purpose of the Bill:

This bill would authorize the development of a three-year pilot
project that would allow the Title IV-D Child Support Enforcement
Program to conference cases as part of a non-adversarial process in
which the parties would establish child support obligations by
agreement with a minimum of court involvement.

Summary of Provisions:

Section 1 of the bill would amend Social Services Law § 11l-c to add a
cross-reference to a new Social Services Law § 111-1.

Section 2 of the bill would amend Social Services Law § 111-k (1) and
(1)(b) to make a technical correction and to update the
cross-reference to Family Court Act § 425 to a new subdivision (a).

Section 3 of the bill would amend Article 3 of the Social Services Law
to add a new § 111-1. This new section would enhance the authority
currently in Social Services Law § 111-k by setting forth a new pilot
process which would allow social services districts to take expedited
administrative actions to establish by agreement, where possible,
child support obligations consistent with the State's child support
guidelines. When agreement can be reached between the parties, the
process provides parents with an opportunity to participate in a
non-adversarial support establishment process, thereby avoiding the
delay and inconvenience associated with court appearances. Where
agreement between the parties cannot be reached, this section would
provide a balanced process for efficiently calculating an appropriate
support obligation under the child support guidelines and preparing a
non-agreed proposed order along with a petition for confirmation of
the order, while also providing parties with notice of the proceedings
and the right to request a court hearing. This new section would also
provide that the Office of Temporary and Disability Assistance shall
perform an evaluation of the pilot process and shall submit a report
of the findings an d recommendations to the Governor and the
Legislature.

Section 4 of the bill would amend Family Court Act § 425 to designate
a subdivision (a) and add a new subdivision (b). This section sets
forth the court procedure and timeframes for processing agreed and
non-agreed proposed orders.

Section 5 of the bill provides for an effective date 270 days after
the bill becomes a law.

Existing Law:


Social Services Law § 111-c provides that the social services district
shall confer with the parties to a proceeding under Article 4, 5, 5-A,
or 5-B of the Family Court Act in an attempt to obtain support
payments from the respondent or potential respondent and, when
appropriate, obtain from the respondent or potential respondent an
acknowledgement of paternity or an agreement to make support payments,
or both.

Social Services Law § 111-k provides that a social services official
or designated representative who confers with the father or putative
father and the mother of a child born out-of-wedlock may obtain an
acknowledgment of paternity for the child and an agreement to make
support payments for the benefit of the child, which agreement must be
submitted to the family court for approval pursuant to Family Court
Act § 425.

Family Court Act § 425 provides that a written agreement for support
of the petitioner must be submitted to the family court or a support
magistrate for approval, and further provides that if such agreement
is approved, the court without further hearing may enter an order for
the support of the petitioner in accordance with the agreement. Such
order is binding upon the respondent and is in all respects a valid
court order.

Prior Legislative History:

This is a new bill.

Statement in Support:

The bill would offer social services districts and parties a
non-adversarial, alternate process for establishing support
obligations, thereby affording families and social services districts
an opportunity to establish child support orders more quickly, less
expensively and in a non-adversarial setting. This approach would not
only serve to augment support establishments through traditional
court-centered processes but would also significantly increase the
overall number of support establishments, particularly in larger
social services districts where utilization of a problem solving
administrative approach may free court resources to deal with more
complex cases including modification and enforcement proceedings.

The bill would enhance authority for the IV-D Child Support
Enforcement Program to conference cases to establish child support
obligations by agreement. The bill would provide specific procedures
for obtaining new support orders with a minimum of court involvement
in a non-adversarial manner.

Cases that would be excluded from the administrative child support
establishment process would be those that involve minor parents,
require a determination of paternity, or have verified family violence
indicators. Appropriate cases would be sent a notice by the social
service district describing: the conference process; the date and
location for the conference; and each party's right to be represented
by counsel. The parties would be advised that they may contact the
social services district if the party believes that pursuing child
support would expose him or her or the child to physical or emotional


harm. Further, the notice would state that attendance of the
respondent at the conference is not mandatory, but if they fail to
appear, the conference may continue. Both parties would have to
complete and return an affidavit attesting to information pertinent to
establishing a support order within 15 days of service of the notice.
If the respondent chooses not to return the financial affidavit, the
social services district may continue the review using available
information obtained under the authority of Title 6-A of Article 3 of
the Social Services Law including, but not limited to, records of
federal and State agencies such as the Social Security Administration,
New York State Department of Tax and Finance, and New York State
Department of Labor. This information would be used to either issue a
non-agreed proposed child support order or a determination that no
order is appropriate.

Affidavits submitted by the parties would provide information as to
the income and assets of the parents, child care and medical costs for
the child, and health insurance available through employment. The
social services district would review the affidavits alongside other
information available to the agency through existing data matches or
in response to an administrative subpoena, complete a child support
guidelines worksheet based upon the State's child support guidelines,
and schedule a conference with the parties. The affidavit and
worksheet would be promulgated by OTDA. At the conference, the result
of the statutory calculation would be presented and explained to the
parties. If the parties agree to the support amount, the proposed
order would be printed by the social services representative, signed
by the parties, and filed by the worker with the clerk of Family
Court. Importantly, the order would be accompanied by signed
affidavits that each party waives his or her right to service of
notice of the submission of the proposed order to the court and to a
court hearing. The court would then review the proposed order and
waivers, and, if all are complete, the court would confirm the order
within a certain limited period after its filing with the court. Once
confirmed by the court, the court would mail copies of the order to
the parties and the social services district. Parties would have 30
days after the confirmation date to file with the court an objection
to the order.

If the parties cannot arrive at an agreement for all or part of the
order, the social services district would file a petition for
confirmation of a proposed non-agreed order with the court. With the
petition, the social services district would include the proposed
non-agreed order, along with the completed guidelines worksheet,
financial affidavits, and any other documentation or information
supporting the non-agreed proposed order. Upon the filing of the
petition, the court shall serve the parties with copies of the
petition for confirmation and the proposed order, as well as a form to
request a court hearing. The parties may file a request for a de novo
hearing within 20 days after the date the petition for confirmation of
a non-agreed order is mailed to the parties. If a hearing is timely
requested, the court would schedule a hearing within 30 days of the
date the request for a hearing was filed. After the hearing the court
may confirm or amend the proposed order or produce a de novo order.
Once the order is confirmed the court would then serve a copy of the
confirmed order to the parties along with notice of the right to


object to the order. A copy of the order would also be sent to the
social services district.

In some instances, the social services district may find that an order
should not be submitted by the social services district to the court.
For example, if there is a mistake of fact, there is insufficient
financial information available to determine an appropriate guidelines
order, credible allegations are made that one of the parties to the
conference is hiding income or assets, or the recipient of IV-D
services requests case closure. In such instances, the agency would
issue a determination that no order should be submitted and provide
the basis for that determination. The determination would not affect
the rights of either the social services district or either party to
pursue any alternate remedies provided in law, and the social services
district, where appropriate, would continue to pursue judicial
establishment of a support order in accordance with current practices.

For parents, this quasi-judicial child support order establishment
conference process provides a setting that promotes problem-solving
and is less adversarial, and allows parents to participate in and be
informed about the computation of a support order under the
guidelines. Nearly half of Title IV-D child support programs
nationwide utilize an administrative support establishment process.
Many of the Title IV-D programs using an administrative process for
support establishment report that a great number of their support
orders are set administratively rather than judicially, at a
substantially reduced cost, with a significant reduction in processing
time and with a substantially higher compliance rate than
court-ordered amounts.

The proposed process would help alleviate the burden on the court
system, freeing up court time and resources to focus on more
complicated cases that are not appropriate for an administrative
support order establishment process. In addition, expediting support
establishment would reduce the time required to obtain a support order
for the parties, thereby reducing the time between application for
services and receipt of the first payments. Clients would also
experience savings in time and money, as multiple court hearings and
adjournments often require the parties to take time off from work and
arrange child care.

Budget Implications:

There would be some first-year State administrative oversight and
training costs that could be funded from existing resources.Since
evaluation costs would occur after implementation of the pilot
project, OTDA would consider requesting additional funding for
evaluation costs at that time if contractor resources are needed.

An unknown amount of increased child support collections are
anticipated, and improved federal performance measures could result in
an increase in federal incentive funding for New York. A survey of
several states that have already implemented an administrative
establishment process indicates that the rate of orders established
administratively ranges from 23% to 53%. Texas reports that the total
number of support orders established increased by 44%, and its support
order establishment performance level grew by approximately 20% since


the inception of its administrative process in 2002. It is anticipated
that implementation of an administrative establishment process in New
York State would produce similar results.

Local Impact:

The bill would require social services districts that are selected for
the pilot to provide an administrative conference process wherein
parties could establish child support obligations by agreement.
Social services districts that are part of the pilot and have
previously been active in arriving at agreements for support between
the parties would be positively impacted by the reduced need for court
appearances and proceedings needed to establish support orders.
Social services districts would also be able to streamline their
intake and establishment process through this initiative, which would
allow the parties to arrive at an agreed-upon order in a more timely
manner without current obstacles such as court adjournments and other
delays.

Effective Date:

The bill would be effective on the 270th day after it shall become law
and would remain in full force and effect until three years after such
effective date, at which time this act would expire and be deemed
repealed.

2015-S5423 (ACTIVE) - Bill Text download pdf

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

                                  5423

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 14, 2015
                               ___________

Introduced  by Sen. FELDER -- (at request of the Office of Temporary and
  Disability Assistance) -- read twice and  ordered  printed,  and  when
  printed to be committed to the Committee on Social Services

AN  ACT  to  amend  the social services law and the family court act, in
  relation to administrative procedures for establishing support orders;
  and providing for the repeal of such provisions upon expiration there-
  of

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

  Section 1. Paragraph g of subdivision 2 of section 111-c of the social
services law, as added by chapter 809 of the laws of 1985, is amended to
read as follows:
  g. obtain from respondent, when appropriate and in accordance with the
procedures  established  by section one hundred eleven-k AND SECTION ONE
HUNDRED ELEVEN-L of this [chapter] TITLE, an [acknowledgement]  ACKNOWL-
EDGMENT of paternity or an agreement to make support payments, or both;
  S  2.  The  opening  paragraph  and  paragraph (b) of subdivision 1 of
section 111-k of the social  services  law,  the  opening  paragraph  as
amended  by chapter 398 of the laws of 1997 and paragraph (b) as amended
by chapter 214 of the laws of 1998, is amended to read as follows:
  A social services official or his or her designated representative who
confers with a potential respondent or respondent, hereinafter  referred
to  in  this  section as the "respondent,"[,] the mother of a child born
out of wedlock and any other interested persons, pursuant to section one
hundred eleven-c of this title, may obtain:
  (b) an agreement to make support payments as provided  in  SUBDIVISION
(A)  OF  section four hundred twenty-five of the family court act. Prior
to the execution of such agreement, the  respondent  shall  be  advised,
orally, which may be through the use of audio or video equipment, and in
writing,  of the consequences of such agreement, that the respondent can
be held liable for support only if the family court,  after  a  hearing,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09631-01-5

S. 5423                             2

makes  an  order of support; that respondent has a right to consult with
an attorney and that the agreement will be submitted to the family court
for approval pursuant to SUBDIVISION (A) OF section four  hundred  twen-
ty-five  of  the  family court act; and that by executing the agreement,
the respondent waives any  right  to  a  hearing  regarding  any  matter
contained in such agreement.
  S  3. The social services law is amended by adding a new section 111-l
to read as follows:
  S 111-L. CHILD SUPPORT ORDER ESTABLISHMENT CONFERENCE  PILOT  PROCESS.
1.  PURPOSE.  TO AUTHORIZE THE DEVELOPMENT OF A THREE-YEAR PILOT PROJECT
ALLOWING SOCIAL SERVICES  DISTRICTS  TO  TAKE  EXPEDITED  ADMINISTRATIVE
ACTIONS TO FACILITATE THE ESTABLISHMENT OF CHILD SUPPORT ORDERS CONSIST-
ENT WITH THE STATE'S CHILD SUPPORT GUIDELINES.
  2.  INITIATING  ADMINISTRATIVE  ACTIONS.  (A)  A  CHILD SUPPORT ORDER,
EITHER AGREED OR NON-AGREED, ISSUED UNDER THIS SECTION AND CONFIRMED  BY
A  COURT PURSUANT TO SUBDIVISION (B) OF SECTION FOUR HUNDRED TWENTY-FIVE
OF THE FAMILY COURT ACT  CONSTITUTES  AN  ORDER  OF  THE  COURT  AND  IS
ENFORCEABLE  BY ANY MEANS AVAILABLE FOR THE ENFORCEMENT OF CHILD SUPPORT
OBLIGATIONS UNDER THIS TITLE, ARTICLES FOUR AND  FIVE-B  OF  THE  FAMILY
COURT  ACT,  OR  UNDER  ARTICLE  FIFTY-TWO OF THE CIVIL PRACTICE LAW AND
RULES, AND ANY OTHER APPLICABLE PROVISIONS OF LAW.
  (B) AN ADMINISTRATIVE ACTION UNDER THIS SECTION MAY  BE  INITIATED  BY
SERVING  A  NOTICE  TO  ESTABLISH A CHILD SUPPORT ORDER BY CONFERENCE TO
EACH PARTY ENTITLED TO NOTICE.
  (C) CASES THAT INVOLVE  MINOR  PARENTS,  REQUIRE  A  DETERMINATION  OF
PATERNITY,  OR HAVE VERIFIED FAMILY VIOLENCE INDICATORS WILL BE EXCLUDED
FROM AN ADMINISTRATIVE ACTION UNDER THIS SECTION.
  3. CONTENTS OF NOTICE TO ESTABLISH A CHILD SUPPORT  ORDER  BY  CONFER-
ENCE.    THE  NOTICE  TO  ESTABLISH  A CHILD SUPPORT ORDER BY CONFERENCE
ISSUED BY THE SOCIAL SERVICES OFFICIAL MUST:
  (A) DESCRIBE THE PROCEDURE FOR THE CONFERENCE;
  (B) INFORM THE PARTY THAT THE PARTY MAY BE REPRESENTED BY LEGAL  COUN-
SEL DURING THE CONFERENCE OR AT A COURT HEARING;
  (C) INFORM THE PARTY THAT THE PARTY MAY REFUSE TO PARTICIPATE OR CEASE
PARTICIPATION  IN  THE  CONFERENCE, BUT THAT THE REFUSAL BY THE PARTY TO
PARTICIPATE WILL NOT PREVENT THE COMPLETION OF  THE  CONFERENCE  OR  THE
FILING  OF A NON-AGREED PROPOSED ORDER WITH THE COURT PURSUANT TO SUBDI-
VISION FOURTEEN OF THIS SECTION;
  (D) INFORM THE PARTY THAT AN AFFIDAVIT IN SUPPORT  OF  THE  CONFERENCE
PROCESS  PROMULGATED  BY THE COMMISSIONER AND SENT WITH THE NOTICE SHALL
BE EXECUTED BY THE PARTY AND RETURNED TO THE  SOCIAL  SERVICES  OFFICIAL
ALONG  WITH ANY DOCUMENTATION OR INFORMATION IN SUPPORT OF THE AFFIDAVIT
NOT LATER THAN THE FIFTEENTH DAY AFTER THE DATE THE NOTICE IS SERVED;
  (E) INFORM THE PARTY THAT IF THE REQUESTED AFFIDAVIT IS  NOT  RETURNED
AS REQUIRED, THE AGENCY MAY:
  (I) PROCEED WITH THE CONFERENCE PROCESS USING THE INFORMATION PROVIDED
BY THE PARTIES OR OTHERWISE OBTAINED OR AVAILABLE TO THE AGENCY; OR
  (II) FILE A PETITION WITH THE COURT FOR CHILD SUPPORT; AND
  (F)  DIRECT  THE  PARTY TO CONTACT THE SOCIAL SERVICES DISTRICT IF THE
PARTY BELIEVES THAT PURSUING CHILD SUPPORT WOULD EXPOSE THE PARTY OR THE
CHILD TO PHYSICAL OR EMOTIONAL HARM.
  4. SERVICE OF NOTICE. ANY NOTICE OR ORDER REQUIRED TO BE SERVED  UNDER
THIS SECTION MAY BE DELIVERED BY PERSONAL SERVICE OF FIRST CLASS MAIL ON
EACH  PARTY  ENTITLED  TO  NOTICE  AS PROVIDED UNDER ARTICLE FOUR OF THE
FAMILY COURT ACT.

S. 5423                             3

  5. ISSUANCE OF ADMINISTRATIVE SUBPOENA.  AS  PART  OF  THE  CONFERENCE
PROCESS  UNDER  THIS  SECTION,  THE  SOCIAL  SERVICES DISTRICT MAY ISSUE
ADMINISTRATIVE  SUBPOENAS  AS  AUTHORIZED  UNDER  SECTION  ONE   HUNDRED
ELEVEN-P OF THIS TITLE.
  6. NOTICE OF CONFERENCE. (A) THE SOCIAL SERVICES DISTRICT SHALL NOTIFY
ALL  PARTIES ENTITLED TO NOTICE OF THE CONFERENCE OF THE DATE, TIME, AND
PLACE OF THE CONFERENCE, SUCH CONFERENCE SHALL  BE  SCHEDULED  NO  LATER
THAN THE THIRTIETH DAY AFTER THE DATE OF THE NOTICE.
  (B)  IF  A  PARTY  FAILS TO ATTEND THE SCHEDULED CONFERENCE THE SOCIAL
SERVICES DISTRICT MAY PROCEED WITH THE CONFERENCE AND FILE A  NON-AGREED
PROPOSED ORDER BASED UPON THE INFORMATION AVAILABLE TO THE DISTRICT.
  (C)  THE  SOCIAL  SERVICES DISTRICT MAY RESCHEDULE A CONFERENCE ON THE
REASONABLE REQUEST OF ANY PARTY. THE SOCIAL SERVICES DISTRICT SHALL GIVE
ALL PARTIES NOTICE OF A RESCHEDULED CONFERENCE NOT LATER THAN THE  THIRD
DAY BEFORE THE DATE OF THE RESCHEDULED CONFERENCE.
  7. INFORMATION REQUIRED TO BE PROVIDED BY THE SOCIAL SERVICES OFFICIAL
AT  THE  CONFERENCE.  AT  THE  BEGINNING  OF  THE CONFERENCE, THE SOCIAL
SERVICES DISTRICT SHALL REVIEW WITH THE  PARTIES  PARTICIPATING  IN  THE
CONFERENCE  THE  INFORMATION PROVIDED IN THE NOTICE TO ESTABLISH A CHILD
SUPPORT ORDER BY CONFERENCE AND INFORM THE PARTIES THAT:
  (A) THE PURPOSE OF THE CONFERENCE IS  TO  PROVIDE  AN  OPPORTUNITY  TO
REACH  AN  AGREEMENT  ON  A  CHILD SUPPORT ORDER UNDER THE CHILD SUPPORT
GUIDELINES AND THAT THE BASIC CHILD SUPPORT OBLIGATION CALCULATED PURSU-
ANT TO THE GUIDELINES WOULD PRESUMPTIVELY RESULT IN THE  CORRECT  AMOUNT
OF  CHILD  SUPPORT  TO  BE AWARDED. THE PARTIES SHALL BE PROVIDED WITH A
COPY OF THE CHILD SUPPORT STANDARDS CHART PROMULGATED BY THE COMMISSION-
ER PURSUANT TO SECTION ONE HUNDRED ELEVEN-I OF THIS TITLE AND A COPY  OF
THE  CHILD  SUPPORT GUIDELINES WORKSHEET PROMULGATED BY THE COMMISSIONER
IN CONSULTATION WITH THE OFFICE OF COURT ADMINISTRATION;
  (B) IF THE PARTIES REACH AN AGREEMENT, THE  SOCIAL  SERVICES  DISTRICT
WILL  PREPARE  AN AGREED PROPOSED ORDER TO BE PRESENTED TO THE COURT FOR
CONFIRMATION PURSUANT TO SUBDIVISION (B) OF SECTION FOUR  HUNDRED  TWEN-
TY-FIVE OF THE FAMILY COURT ACT;
  (C)  A  PARTY  DOES  NOT HAVE TO SIGN THE ORDER PREPARED BY THE SOCIAL
SERVICES DISTRICT; HOWEVER, THE SOCIAL  SERVICES  DISTRICT  MAY  FILE  A
NON-AGREED  PROPOSED  ORDER  WITH THE COURT WITHOUT THE AGREEMENT OF THE
PARTIES AND THE PARTIES SHALL BE LIABLE FOR SUPPORT ONLY UPON  CONFIRMA-
TION  OF  THE  ORDER  BY THE FAMILY COURT PURSUANT TO SUBDIVISION (B) OF
SECTION FOUR HUNDRED TWENTY-FIVE OF THE FAMILY COURT ACT OR, IF A  PARTY
REQUESTS A HEARING AND SUCH HEARING IS HELD, THE COURT MAKES AN ORDER OF
SUPPORT;
  (D)  THE  PARTIES  WHO  REACH  AN AGREEMENT SHALL SIGN A WAIVER OF THE
RIGHT TO SERVICE OF PROCESS  AND  TO  A  HEARING  REGARDING  ANY  MATTER
CONTAINED IN AN AGREEMENT PROPOSED ORDER; AND
  (E)  A  PARTY MAY FILE A REQUEST FOR A DE NOVO HEARING ON A NON-AGREED
PROPOSED ORDER NO LATER THAN THE TWENTIETH DAY AFTER THE DATE OF A  COPY
OF THE PETITION FOR CONFIRMATION OF THE ORDER IS SERVED UPON THE PARTY.
  8.  CONDUCT  OF  THE CONFERENCE. (A) FOR THE PURPOSES OF THIS SECTION,
THE SOCIAL SERVICES DISTRICT SHALL REVIEW  THE  AFFIDAVIT  SUBMITTED  BY
EACH  PARTY  AND  ANY OTHER DOCUMENTATION OR INFORMATION PROVIDED BY THE
PARTIES OR OBTAINED PURSUANT TO AUTHORITY  GRANTED  IN  THIS  TITLE  AND
SHALL  COMPLETE  A  CHILD  SUPPORT GUIDELINES WORKSHEET TO CALCULATE THE
SUPPORT OBLIGATION.
  (B) THE SOCIAL SERVICES DISTRICT SHALL REVIEW THE CHILD SUPPORT GUIDE-
LINES WORKSHEET WITH THE PARTIES AND THE  SUPPORT  OBLIGATION  RESULTING
FROM THE CALCULATIONS.

S. 5423                             4

  (C)  THE  SOCIAL  SERVICES  DISTRICT SHALL PREPARE THE PROPOSED ORDER,
EITHER AGREED OR NON-AGREED, OR PREPARE A RECORD OF A DETERMINATION THAT
NO ORDER SHOULD BE SUBMITTED TO THE COURT AS SET FORTH IN THIS SECTION.
  9.  RECORD  OF  PROCEEDINGS.  (A)  FOR  THE  PURPOSES OF THIS SECTION,
DOCUMENTATION OR INFORMATION RELIED ON BY THE SOCIAL SERVICES  DISTRICT,
INCLUDING AN AFFIDAVIT OF A PARTY, TOGETHER WITH THE CHILD SUPPORT ORDER
IS SUFFICIENT RECORD OF THE PROCEEDINGS.
  (B)  THE  SOCIAL  SERVICES  DISTRICT IS NOT REQUIRED TO MAKE ANY OTHER
RECORD OR TRANSCRIPT OF THE CONFERENCE.
  10. ISSUANCE OF A CHILD SUPPORT ORDER OR FINDING THAT NO ORDER  SHOULD
BE SUBMITTED; EFFECT. (A) IF A CONFERENCE RESULTS IN AN AGREEMENT OF THE
PARTIES, EACH PARTY SHALL SIGN THE CHILD SUPPORT ORDER NO LATER THAN THE
FIFTH  DAY  AFTER THE DATE OF THE CONFERENCE AND THE ORDER SHALL CONTAIN
THE INFORMATION SET FORTH IN SUBDIVISION ELEVEN OF THIS SECTION.
  (B) IF A CONFERENCE DOES NOT RESULT IN AGREEMENT BY ALL PARTIES TO THE
CHILD SUPPORT ORDER, THE SOCIAL SERVICES DISTRICT SHALL RENDER  A  FINAL
DECISION NO LATER THAN THE FIFTH DAY AFTER THE DATE OF THE CONFERENCE IN
THE  FORM  OF EITHER A NON-AGREED PROPOSED ORDER OR A DETERMINATION THAT
THE AGENCY SHOULD NOT SUBMIT A CHILD SUPPORT ORDER TO THE COURT.
  (C) IF THE SOCIAL SERVICES DISTRICT DETERMINES THAT  A  CHILD  SUPPORT
ORDER SHOULD NOT BE SUBMITTED TO THE COURT, THE AGENCY SHALL IMMEDIATELY
PROVIDE EACH PARTY WITH NOTICE OF THE DETERMINATION BY PERSONAL DELIVERY
OR  BY  FIRST  CLASS  MAIL.  A  DETERMINATION THAT A CHILD SUPPORT ORDER
SHOULD NOT BE SUBMITTED TO THE COURT SHALL INCLUDE A  STATEMENT  OF  THE
REASONS  THAT  AN  ORDER IS NOT BEING SUBMITTED AND A STATEMENT THAT THE
AGENCY'S DETERMINATION DOES NOT AFFECT THE RIGHT OF THE SOCIAL  SERVICES
DISTRICT  OR A PARTY TO SEEK AN ORDER OF SUPPORT OR TO REQUEST ANY OTHER
REMEDY PROVIDED BY LAW.
  11. CONTENTS OF AN ORDER. (A) AN ORDER ISSUED UNDER THIS SECTION SHALL
BE REVIEWED AND SIGNED BY A SOCIAL SERVICES  OFFICIAL,  OR  HIS  OR  HER
DESIGNEE.
  (B)  IF A CONFERENCE RESULTS IN AN AGREEMENT OF THE PARTIES, THE ORDER
SHALL CONTAIN THE FOLLOWING AS TO EACH PARTY:
  (I) A WAIVER BY THE PARTY OF THE RIGHT TO SERVICE  OF  PROCESS  AND  A
COURT HEARING;
  (II) THE MAILING ADDRESS OF THE PARTY; AND
  (III)  THE  FOLLOWING  STATEMENT  PRINTED  ON THE ORDER IN CONSPICUOUS
TYPE:
  "I ACKNOWLEDGE THAT I HAVE READ  AND  UNDERSTAND  THIS  CHILD  SUPPORT
ORDER.  I  UNDERSTAND THAT IF I SIGN THIS ORDER, IT WILL BE CONFIRMED BY
THE COURT WITHOUT FURTHER NOTICE TO ME. I KNOW THAT IF I DO NOT OBEY THE
TERMS OF THIS ORDER I MAY BE HELD IN CONTEMPT OF COURT."
  12. WITHDRAWAL OF AN ORDER. (A) THE SOCIAL SERVICES DISTRICT MAY WITH-
DRAW A PROPOSED ORDER, EITHER AGREED OR NON-AGREED, AT ANY  TIME  BEFORE
THE ORDER IS FILED WITH THE COURT.
  (B)  A NEW CONFERENCE, WITH NOTICE TO ALL PARTIES, MAY BE SCHEDULED OR
THE SOCIAL SERVICES DISTRICT MAY  MAKE  A  DETERMINATION  THAT  A  CHILD
SUPPORT ORDER SHOULD NOT BE ISSUED AND GIVE NOTICE OF THAT DETERMINATION
AS PROVIDED BY THIS SECTION.
  13.  FILING  OF AN AGREED PROPOSED ORDER. THE SOCIAL SERVICES DISTRICT
SHALL FILE AN AGREED PROPOSED ORDER  THAT  CONTAINS  SIGNED  WAIVERS  OF
SERVICE OF PROCESS AND A RIGHT TO A HEARING WITH THE COURT.
  14.  CONTENTS  OF  A  PETITION FOR CONFIRMATION OF NON-AGREED PROPOSED
ORDER.   (A) THE SOCIAL SERVICES DISTRICT  SHALL  FILE  A  PETITION  FOR
CONFIRMATION OF A NON-AGREED PROPOSED ORDER.

S. 5423                             5

  (B)  THE  PETITION SHALL INCLUDE THE NON-AGREED PROPOSED ORDER AND THE
CHILD SUPPORT WORKSHEET AS ATTACHMENTS, AS WELL AS ANY DOCUMENTATION  OR
INFORMATION RELIED ON BY THE SOCIAL SERVICES DISTRICT.
  15.  EVALUATION.  THE  OFFICE  OF  TEMPORARY AND DISABILITY ASSISTANCE
SHALL CONDUCT AN EVALUATION OF THE OPERATION AND  IMPACT  OF  THE  CHILD
SUPPORT  ORDER  ESTABLISHMENT CONFERENCE PILOT PROCESS, AND SHALL SUBMIT
TO THE GOVERNOR AND THE LEGISLATURE AN EVALUATION REPORT CONTAINING  THE
FINDINGS  FROM  THE  PILOT,  THE FEASIBILITY OF A STATEWIDE PROGRAM, AND
RECOMMENDATIONS, IF ANY, FOR ESTABLISHING A STATEWIDE PROGRAM.
  S 4. Section 425 of the family court act, as amended by chapter 81  of
the laws of 2003, is amended to read as follows:
  S  425.  Agreement  to support. (A) If an agreement for the support of
the petitioner is brought about, it  must  be  reduced  to  writing  and
submitted to the family court or a support magistrate appointed pursuant
to  section  four  hundred  thirty-nine of this act for approval. If the
court or support magistrate approves it, the court without further hear-
ing may thereupon enter an order for the support of  the  petitioner  by
the  respondent in accordance with the agreement, which shall be binding
upon the respondent and shall in all respects be a valid order as though
made after process had been issued out of the court.  The  court  record
shall show that such order was made upon agreement.
  (B)  WHERE  A CHILD SUPPORT ORDER IS ISSUED PURSUANT TO THE CONFERENCE
PROCESS PROVIDED IN SECTION ONE HUNDRED ELEVEN-L OF THE SOCIAL  SERVICES
LAW, THE CHILD SUPPORT ORDER SHALL BE SUBMITTED TO THE COURT.
  (I)  UPON  THE FILING OF AN AGREED PROPOSED ORDER BY A SOCIAL SERVICES
OFFICIAL:
  (A) THE COURT SHALL ENDORSE ON THE ORDER THE DATE THE ORDER  IS  FILED
AND THE APPROPRIATE FAMILY COURT DOCKET NUMBER;
  (B)  PROVIDED THE AGREED PROPOSED ORDER AND THE WAIVERS OF SERVICE AND
A RIGHT TO A HEARING ARE SIGNED BY THE PARTIES, THE COURT SHALL  CONFIRM
AND SIGN THE AGREED PROPOSED ORDER NO LATER THAN THE THIRD DAY AFTER ITS
FILING;  PROVIDED,  HOWEVER, IF THE COURT FINDS THAT THE AGREED PROPOSED
ORDER AND WAIVERS OF SERVICE  AND  A  HEARING  ARE  NOT  SIGNED  BY  ALL
PARTIES,  THE  COURT  SHALL  RETURN THE DOCUMENTS TO THE SOCIAL SERVICES
OFFICIAL TO ALLOW SUCH OFFICIAL TO REMEDY THE DEFICIENCY NO  LATER  THAN
THE THIRD DAY AFTER THE FILING OF THE AGREED PROPOSED ORDER; AND
  (C)  THE  ORDER  SIGNED  AND  CONFIRMED BY THE COURT SHALL IMMEDIATELY
BECOME A FINAL ORDER OF THE COURT AND A COPY THEREOF SHALL BE MAILED  TO
THE SOCIAL SERVICES DISTRICT AND THE PARTIES.
  (II)  UPON  THE  FILING OF A PETITION FOR CONFIRMATION OF A NON-AGREED
PROPOSED ORDER ISSUED BY A SOCIAL SERVICES DISTRICT:
  (A) THE COURT SHALL IMMEDIATELY SERVE EACH PARTY WITH A  COPY  OF  THE
PETITION  FOR  CONFIRMATION  OF THE NON-AGREED PROPOSED ORDER, A COPY OF
THE ORDER, AND A COPY OF THE FORM TO REQUEST A COURT HEARING PROMULGATED
BY THE OFFICE OF COURT ADMINISTRATION IN CONSULTATION WITH THE OFFICE OF
TEMPORARY AND DISABILITY ASSISTANCE.
  (B)(1) A PARTY MAY FILE A REQUEST FOR A DE NOVO HEARING NO LATER  THAN
THE  TWENTIETH  DAY  AFTER  THE  DATE THE PETITION FOR CONFIRMATION OF A
NON-AGREED PROPOSED ORDER IS MAILED TO THE PARTY.
  (2) A COURT SHALL CONSIDER ANY  RESPONSIVE  PLEADING  FILED  WITH  THE
COURT  THAT  IS INTENDED AS AN OBJECTION TO CONFIRMATION OF A NON-AGREED
PROPOSED ORDER, INCLUDING A GENERAL DENIAL, AS A REQUEST FOR A  DE  NOVO
COURT HEARING.
  (3)  A  REQUEST  FOR  A  HEARING  FILED DURING THE PERIOD SET FORTH IN
CLAUSE ONE OF THIS SUBPARAGRAPH STAYS CONFIRMATION OF THE ORDER  PENDING
THE HEARING.

S. 5423                             6

  (4) FOR PURPOSES OF THE HEARING, THE PETITION FOR CONFIRMATION AND THE
CHILD  SUPPORT  ORDER  CONSTITUTE  A  SUFFICIENT  PLEADING BY THE SOCIAL
SERVICES DISTRICT FOR RELIEF ON ANY ISSUE ADDRESSED IN THE PETITION  AND
ORDER.
  (C)(1)  WHEN  A  TIMELY  REQUEST FOR A COURT HEARING HAS BEEN FILED AS
PROVIDED IN SUBPARAGRAPH (B), THE COURT SHALL HOLD A DE NOVO HEARING  NO
LATER THAN THE THIRTIETH DAY AFTER THE DATE THE REQUEST WAS FILED.
  (2)  IF  THE  COURT ADJOURNS THE HEARING, THE HEARING SHALL BE HELD NO
LATER THAN THE THIRTIETH DAY AFTER THE DATE SET FOR THE INITIAL HEARING.
  (3) WHEN A REQUEST FOR A DE NOVO HEARING HAS NOT BEEN TIMELY RECEIVED,
THE COURT SHALL CONFIRM THE NON-AGREED PROPOSED ORDER NO LATER THAN  THE
THIRTIETH  DAY  AFTER  PETITION  FOR  CONFIRMATION  WAS FILED; PROVIDED,
HOWEVER, THAT SUCH ORDER MAY BE RETROACTIVELY MODIFIED UPWARD WITHOUT  A
SHOWING OF A CHANGE IN CIRCUMSTANCES.
  (D)  IF  THE  PARTY  WHO  REQUESTED THE HEARING FAILS TO APPEAR AT THE
HEARING, THE COURT SHALL CONFIRM THE NON-AGREED PROPOSED ORDER.
  (E) AFTER THE HEARING, THE COURT SHALL:
  (1) IMMEDIATELY CONFIRM THE NON-AGREED PROPOSED ORDER; OR
  (2) ENTER AN ORDER OF SUPPORT.
  (F) WHEN A CONFIRMATION ORDER IS SIGNED BY THE COURT,  THE  NON-AGREED
PROPOSED ORDER BECOMES A FINAL ORDER OF THE COURT.
  (G)  THE  COURT SHALL IMMEDIATELY SERVE A COPY OF THE CONFIRMED NON-A-
GREED PROPOSED ORDER UPON EACH PARTY AND THE SOCIAL  SERVICES  DISTRICT,
TOGETHER WITH NOTICE OF THE RIGHT TO FILE AN OBJECTION NO LATER THAN THE
THIRTIETH DAY AFTER THE DATE THE ORDER WAS CONFIRMED BY THE COURT.
  S  5.  This  act  shall  take effect on the two hundred seventieth day
after it shall have become a law and shall  remain  in  full  force  and
effect  until  three  years after such effective date at which time this
act shall expire and be deemed repealed. The expiration  and  repeal  of
this act, however, shall not diminish or impair the rights and responsi-
bilities  of  any parties who were subject to the provisions of this act
while it remained in effect.

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Senate Bill S5423

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

Mar 15, 2016 - Social Services Committee Vote

Social Services Committee Vote: Mar 15, 2016

2015-S5423 (ACTIVE) - Details

2015-S5423 (ACTIVE) - Summary

2015-S5423 (ACTIVE) - Sponsor Memo

2015-S5423 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5423

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Sponsored By

Simcha Felder

Archive: Last Bill Status - In Senate Committee Finance Committee

2015-S5423 (ACTIVE) - Details

2015-S5423 (ACTIVE) - Summary

2015-S5423 (ACTIVE) - Sponsor Memo

2015-S5423 (ACTIVE) - Bill Text download pdf

Comments