S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6266--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 12, 2021
                                ___________
 
 Introduced by M. of A. HEVESI -- read once and referred to the Committee
   on  Children  and Families -- recommitted to the Committee on Children
   and Families in accordance with Assembly Rule 3, sec. 2  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 AN  ACT  to  amend  the  social services law, in relation to waiving the
   requirement of establishing paternity or a  child  support  order  for
   certain applicants or recipients of aid to dependent children
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 349-b of the social  services  law  is  amended  by
 adding a new subdivision 3 to read as follows:
   3.  WHEN  THE  APPLICANT  OR  RECIPIENT  HAS ESTABLISHED GOOD CAUSE TO
 REFUSE TO COOPERATE, THE SOCIAL SERVICES DISTRICT SHALL TAKE  NO  ACTION
 TO ESTABLISH PATERNITY OR A CHILD SUPPORT ORDER.
   §  2.  Subdivision  6  of  section  158 of the social services law, as
 amended by section 4 of part Z of chapter 57 of the  laws  of  2008,  is
 amended to read as follows:
   6.  In  addition to other eligibility requirements, each person who is
 applying for or receiving assistance under this title, and who is other-
 wise eligible for assistance under this title, shall be required,  as  a
 further condition of eligibility for such assistance:
   (i) to assign to the state and the social services district any rights
 to  support  that accrue during the period that a family receives safety
 net assistance from any other person as such applicant or recipient  may
 have  either on their own behalf or on behalf of any other family member
 for whom the applicant or recipient is applying for or receiving assist-
 ance; [and]
   (ii) to cooperate with the state and the social services official,  in
 accordance  with  standards  established by regulations of the office of
 temporary and disability assistance  consistent  with  federal  law  and

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08758-02-2
              

 A. 6266--A                          2
 
 regulations,  in  establishing the paternity of a child born out-of-wed-
 lock for whom assistance under  this  title  is  being  applied  for  or
 received,  in their efforts to locate any absent parent and in obtaining
 support  payments  or any other payments or property due such person and
 due each child for whom assistance under this title is being applied for
 or received, except that an applicant or recipient shall not be required
 to cooperate in such efforts in cases in which the social services offi-
 cial has determined, in accordance with  criteria,  including  the  best
 interests  of  the child, as established by regulations of the office of
 temporary and disability assistance  consistent  with  federal  law  and
 regulations,  that  such applicant or recipient has good cause to refuse
 to cooperate. Each social services district shall inform applicants  for
 and  recipients  of safety net assistance required to cooperate with the
 state and local social services officials pursuant to the provisions  of
 this  paragraph, that where a proceeding to establish paternity has been
 filed, and the allegation of paternity has been denied by  the  respond-
 ent,  there  shall  be  a  stay of all paternity proceedings and related
 social services district proceedings until sixty days after the birth of
 the child. Such applicants and recipients shall also  be  informed  that
 public  assistance  and  care  shall  not be denied during a stay on the
 basis of refusal to cooperate pursuant to the provisions of  this  para-
 graph[.]; AND
   (III)  WHEN  THE  APPLICANT OR RECIPIENT HAS ESTABLISHED GOOD CAUSE TO
 REFUSE TO COOPERATE, THE SOCIAL SERVICES DISTRICT SHALL TAKE  NO  ACTION
 TO ESTABLISH PATERNITY OR A CHILD SUPPORT ORDER.
   § 3. This act shall take effect immediately.