Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 349-B
Deserted, abandoned and out-of-wedlock children; special provisions
Social Services (SOS) CHAPTER 55, ARTICLE 5, TITLE 10
§ 349-b. Deserted, abandoned and out-of-wedlock children; special
provisions. 1. In addition to other eligibility requirement each
person who is applying for or receiving assistance under this title, and
who is otherwise eligible for assistance under this title, shall be
required, as a further condition of eligibility for such assistance:

(a) to assign to the state and the social services district any
rights to support such person may have either in his own behalf or in
behalf of any other family member for whom he is applying for or
receiving aid; and

(b) to cooperate with the state and the social services official, in
accordance with standards established by regulations of the department
consistent with federal law, in establishing the paternity of a child
born out-of-wedlock 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 official has determined, in accordance with criteria,
including the best interests of the child, as established by regulations
of the department consistent with federal law, that such applicant or
recipient has good cause to refuse to cooperate. Each social service
district shall inform applicants for and recipients of family 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 respondent, that there shall be a stay of all
paternity proceedings and related local social services 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 the stay on the basis of refusal to cooperate
pursuant to the provisions of this paragraph.

2. The amount of the payments due from the absent parent in meeting
his support obligations under this section shall be the amount of a
current court support order or, in the absence of a court order, if such
parent agrees to meet his support obligation, an amount to be determined
in accordance with a support formula established by the department and
approved by the secretary of the federal department of health, education
and welfare.