NY State Senate Bill S2586A

Archive: Last Bill Status Via A6266 - Vetoed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Vetoed by Governor

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Actions

view actions (22)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 16, 2022	tabled
Dec 15, 2022	vetoed memo.102
Dec 06, 2022	delivered to governor
May 23, 2022	returned to assembly passed senate 3rd reading cal.427 substituted for s2586a
May 23, 2022	substituted by a6266a
May 16, 2022	amended on third reading 2586a
Feb 07, 2022	advanced to third reading
Feb 03, 2022	2nd report cal.
Feb 02, 2022	1st report cal.427
Jan 05, 2022	referred to children and families returned to senate died in assembly
May 11, 2021	referred to children and families delivered to assembly passed senate
Feb 08, 2021	advanced to third reading
Feb 03, 2021	2nd report cal.
Feb 02, 2021	1st report cal.266
Jan 22, 2021	referred to children and families

Votes

view votes

May 23, 2022 - floor Vote

A6266A

floor

Aye

Nay

Absent

Excused

Abstained

Feb 2, 2022 - Children and Families committee Vote

S2586

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show committee vote details

Committee Vote: Feb 2, 2022

aye (5)

nay (2)

May 11, 2021 - floor Vote

S2586

floor

Aye

Nay

Absent

Excused

Abstained

Feb 2, 2021 - Children and Families committee Vote

S2586

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show committee vote details

Committee Vote: Feb 2, 2021

aye (5)

nay (1)

Martucci

aye wr (1)

Stec

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S2586 - Details

See Assembly Version of this Bill:: A6266
Law Section:: Social Services Law
Laws Affected:: Amd §§349-b & 158, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7547
2023-2024: A2443

S2586 - Summary

Directs the social services district to take no action to establish paternity or a child support order when the applicant or recipient for aid to dependent children has established good cause to refuse to cooperate.

S2586 - Sponsor Memo

 
BILL NUMBER: S2586

SPONSOR: BRISPORT
 
TITLE OF BILL:

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

 
SUMMARY OF PROVISIONS:

Section 1 amends 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.

 
JUSTIFICATION:

In New York State, approximately 195,000 children live with kin (grand-
parents, relatives, and family friends). Less than 5,000 are in kinship
foster care. For kinship families who are not foster families, New York
offers a special Temporary Assistance to Needy Families public financial

assistance benefit. This benefit is officially termed a "Non-Parent"
grant, but more commonly referred to as a "child only" grant. The phras-
es aptly describe the eligibility rules. It is available to children who
are living with non-parents, i.e. kinship caregivers, and "only" when
the child's income and resources do not exceed the budgeting rules.
Since most kinship children do not have income and resources, most are
eligible. See OTDA-05-INF-24 "Temporary Assistance Policy: Non-parent
Caregiver Cases and Temporary Assistance (TA)."

As of August 2018, according to Office of Temporary and Disability
Assistance statistics, 23,519 children were receiving the. grant.  While
the number is a fraction of the total kinship children, it is consistent
with the national average of 12' of eligible children receiving the
grant.

The low percentage points out the need for outreach and facilitated
access so that more eligible children can receive the grant. One barrier
to access is that kinship caregivers who apply for the grant must agree
to cooperate with the local district in seeking support from absent
parents. Given the fact that most kinship care occurs when parents are
unable to parent because of drug/alcohol abuse, mental illness, incar-
ceration, or neglect and that kinship families outside of foster care
are "on their own" in managing relationships with absent parents, the
Office of Temporary and Disability Assistance developed special guidance
for counties as to when kin could claim an exemption from cooperation
with support. 08-INF-16 offers typical situations when kin are exempt,
including "special considerations related to emotional harm.":

   "Mrs. Green's 6-year-old nephew, James, lives with her and her
    family. The Greens do not have custody or guardianship of
    James, but took him in when his mother, an alcoholic, dropped
    him off at their house 10 months ago. When his mother dropped
    James off he had lice infestation, was malnourished and had only
    the clothes he was wearing. Since that time his mother has not
    seen James, has been in and out of inpatient facilities and
    although she is now employed, continues to abuse alcohol. Mrs.
    Green has applied for TA for James and has asked to claim good
    cause due to emotional harm. The good cause claim is being
    requested because Mrs. Green fears that because she does not
    have custody that James' mother will remove him from her
    home and he would be put in an unstable environment."

Caregivers often cite fear that parents will upset the stability and
wellbeing of children when the parents become the subject of support
collection or they may remove children from kinship homes.  Successfully
claiming the exemption, however, does not ensure that the local district
does not seek support. Collection efforts may continue.

An Office of Temporary and Disability Assistance regulation states:

   "A district can proceed to enforce a child support order with-
    out the caregiver's cooperation even when good cause is
    established if the district can do so without risk to the
    child or the caregiver. If the district decides to do this,
    it must notify the caregiver and give her the opportunity
    to close her case. 18 NYCRR 369.2(b)(10)."

According to reports by the Kinship Navigator and the kinship service
providers across the state, upon learning that the count can seek
support despite a successful claim of exemption, caregivers frequently
withdraw their applications for Non-Parent grants. The result is that
qualifying kinship families are unable to access an essential public
benefit.

Given the low utilization and the disproportional number of impoverished
kinship caregivers, the Legislature deems it important to ensure that
kinship families with legitimate claims of good cause receive the
grants. There is simply no reason for counties to independently pursue
support collection when there is a harm or potential harm to caregivers
and children in their care.

For these reasons, local districts should be prohibited from seeking to
collect child support from parents when an applicant for public assist-
ance can show good cause for exempting their cooperation with support
collection. Good causes include domestic violence and emotional harm to
children and caregivers that would occur if support is pursued. Social
Services Law 349-b should be amended so that proof of good cause should
prohibit collection efforts.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S2586 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2586
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 22, 2021
                                ___________
 
 Introduced  by Sen. BRISPORT -- read twice and ordered printed, and when
   printed to be committed to the Committee on Children and Families
 
 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. This act shall take effect immediately.
 
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08758-01-1

Co-Sponsors

S2586A (ACTIVE) - Details

See Assembly Version of this Bill:: A6266
Law Section:: Social Services Law
Laws Affected:: Amd §§349-b & 158, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7547
2023-2024: A2443

S2586A (ACTIVE) - Summary

S2586A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S2586A

SPONSOR: BRISPORT
 
TITLE OF BILL:

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

 
SUMMARY OF PROVISIONS:

Sections one and two amend the social services law, in relation to waiv-
ing the requirement of establishing paternity or a child support order
for certain applicants or recipients of aid to dependent children.

Section three sets for the effective date.

 
JUSTIFICATION:

In New York State,approximately 195,000 children live with kin (grand-
parents, relatives, and family friends). Less than 5,000 are in kinship
foster care. For kinship families who are not foster families, New York

offers a special Temporary Assistance to Needy Families public financial
assistance benefit. This benefit is officially termed a "Non-Parent"
grant, but more commonly referred to as a "child only" grant. The phras-
es aptly describe the eligibility rules. It is available to children who
are living with non-parents, i.e. kinship caregivers, and "only" when
the child's income and resources do not exceed the budgeting rules.
Since most kinship children do not have income and resources, most are
eligible. See OTDA-05-INF-24 "Temporary Assistance Policy: Non-parent
Caregiver Cases and Temporary Assistance (TA)."

As of August 2018, according to Office of Temporary and Disability
Assistance statistics, 23,519 children were receiving the. grant.  While
the number is a fraction of the totalkinship children, it is consistent
with the national average of 12' of eligible children receiving the
grant.

The low percentage points out the need for outreach and facilitated
access so that more eligible children can receive the grant. One barrier
to access is that kinship caregivers who apply for the grant must agree
to cooperate with the local district in seeking support from absent
parents. Given the fact that most kinship care occurs when parents are
unable to parent because of drug/a koh ol a b use, mental illness,
incarceration, or neglect and that kinship families outside of foster
care are "on their own" in managingrelationships with absent parents,
the Office of Temporary and Disability Assistance developed special
guidance for counties as to when kin could claim an exemption from coop-
eration with support. 08-INF-16 offers typical situations when kin are
exempt, including "special considerations related to emotional harm.":

"Mrs. Green's 6-year-old nephew, James, lives with her and her family.
The Greens do not have custody or guardianship of James, but took him in
when his mother, an alcoholic, dropped him off at their house 10 months
ago. When his mother dropped James off he had lice infestation, was
malnourished and had only the clothes he was wearing. Since that time
his mother has not seen James, has been in and out of inpatient facili-
ties and although she is now employed, continues to abuse alcohol. Mrs.
Green has applied for TA for James and has asked to claim good cause due
to emotionalharm. The good cause claim is being requested because Mrs.
Green fears that because she does not have custody that James' mother
will remove him from her home and he would be put in an unstable envi-
ronment."

Caregivers often cite fear that parents will upset the stability and
wellbeing of children when the parents become the subject of support
collection or they may remove children from kinship homes.  Successfully
claiming the exemption, however, does not ensure that the local district
does not seek support. Collection efforts may continue.

An Office of Temporary and Disability Assistance regulation states:

"A district can proceed to enforce a child support order without the
caregiver's cooperation even when good cause is established if the
district can do so without risk to the child or the caregiver. If the
district decides to do this, it must notify the caregiver and give her
the opportunity to close her case. 18 NYCRR 369.2(bX10)."

According to reports by the Kinship Navigator and the kinship service
providers across the state, upon learning that the count can seek
support despite a successful claim of exemption, caregivers frequently
withdraw their applications for Non-Parent grants. The result is that
qualifying kinship families are unable to access an essential public
benefit.

Given the low utilization and the disproportionalnumber of impoverished
kinship caregivers, the Legislature deems it important to ensure that
kinship families with legitimate claims of good cause receive the
grants. There is simply no reason for counties to independently pursue
support collection when there is a harm or potential harm to caregivers
and children in their care.

For these reasons, local districts should be prohibited from seeking to
collect child support from parents when an applicant forpublic assist-
ance can show good cause for exemptingtheir cooperation with support
collection. Good causes include domestic violence and emotionalharm to
children and caregivers that would occur if support is pursued. Social
Services Law 349-b should be amended so that proof of good cause should
prohibit collection efforts.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S2586A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2586--A
     Cal. No. 427
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 22, 2021
                                ___________
 
 Introduced by Sens. BRISPORT, SALAZAR -- read twice and ordered printed,
   and  when  printed  to  be  committed to the Committee on Children and
   Families -- recommitted to the Committee on Children and  Families  in
   accordance  with Senate Rule 6, sec. 8 -- reported favorably from said
   committee, ordered to first and second  report,  ordered  to  a  third
   reading,  amended  and  ordered  reprinted, retaining its place in the
   order of third reading
 
 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]

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08758-03-2

 S. 2586--A                          2
 
   (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
 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.

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The New York State Senate

senate Bill S2586A

Sponsored By

Archive: Last Bill Status Via A6266 - Vetoed by Governor

Your Voice

Actions

Votes

May 23, 2022 - floor Vote

Floor Vote: May 23, 2022

Feb 2, 2022 - Children and Families committee Vote

Committee Vote: Feb 2, 2022

May 11, 2021 - floor Vote

Floor Vote: May 11, 2021

Feb 2, 2021 - Children and Families committee Vote

Committee Vote: Feb 2, 2021

Bill Amendments

Co-Sponsors

S2586 - Details

S2586 - Summary

S2586 - Sponsor Memo

S2586 - Bill Text download pdf

Co-Sponsors

S2586A (ACTIVE) - Details

S2586A (ACTIVE) - Summary

S2586A (ACTIVE) - Sponsor Memo

S2586A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S2586A

Share this bill

Sponsored By

Jabari Brisport

Archive: Last Bill Status Via A6266 - Vetoed by Governor

Your Voice

Actions

Votes

May 23, 2022 - floor Vote

Floor Vote: May 23, 2022

Feb 2, 2022 - Children and Families committee Vote

Committee Vote: Feb 2, 2022

May 11, 2021 - floor Vote

Floor Vote: May 11, 2021

Feb 2, 2021 - Children and Families committee Vote

Committee Vote: Feb 2, 2021

Bill Amendments

Co-Sponsors

Julia Salazar

S2586 - Details

S2586 - Summary

S2586 - Sponsor Memo

S2586 - Bill Text download pdf

Co-Sponsors

Julia Salazar

S2586A (ACTIVE) - Details

S2586A (ACTIVE) - Summary

S2586A (ACTIVE) - Sponsor Memo

S2586A (ACTIVE) - Bill Text download pdf

Comments