A4177-2011 Actions

• May 22, 2012: held for consideration in social services
• Jan 4, 2012: referred to social services
• Feb 2, 2011: referred to social services

A4177-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         4177
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 February 2, 2011
 
 Introduced by M. of A. BARCLAY, McDONOUGH, AMEDORE -- Multi-Sponsored by
 -- M. of A. CALHOUN, CONTE, CROUCH, DUPREY, McKEVITT, SALADINO -- read
 once and referred to the Committee on Social Services
 AN  ACT  to  amend  the social services law and the family court act, in
 relation to establishing a deadbeats most wanted  list  and  worldwide
 web page
 

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

 

Section 1. Article 5 of the social services law is amended by adding a
 new title 10-A to read as follows:

 TITLE 10-A
 DEADBEATS MOST WANTED
 SECTION 361. DEADBEATS MOST WANTED LIST.
 361-A. DEADBEATS MOST WANTED WORLDWIDE WEB PAGE.
 

S 361. DEADBEATS MOST WANTED LIST.   1. THE COMMISSIONER  OF  CHILDREN
 AND FAMILY SERVICES MAY DISCLOSE A "DEADBEATS MOST WANTED LIST" OF INDI
 VIDUALS  WHO  ARE  IN ARREARS IN THEIR CHILD SUPPORT OBLIGATIONS UNDER A
 NEW YORK COURT ORDER OR ADMINISTRATIVE ORDER.  THE  LIST  SHALL  INCLUDE
 ONLY  THOSE  PERSONS  WHO  ARE IN ARREARS IN AN AMOUNT GREATER THAN FIVE
 THOUSAND DOLLARS (OR SUCH GREATER AMOUNT AS ESTABLISHED BY THE OFFICE OF
 CHILDREN AND FAMILY SERVICES). THE LIST SHALL INCLUDE  THE  INDIVIDUAL'S
 NAME  AND  ADDRESS,  THE  AMOUNT OF ANY CHILD SUPPORT ARREARAGE, AND ANY
 OTHER INFORMATION DEEMED APPROPRIATE BY THE OFFICE OF CHILDREN AND FAMI
 LY SERVICES.
 2. AT LEAST NINETY DAYS BEFORE THE DISCLOSURE UNDER SUBDIVISION ONE OF
 THIS SECTION OF THE NAME OF AN INDIVIDUAL WHO IS IN ARREARS  IN  HIS  OR
 HER  CHILD  SUPPORT OBLIGATIONS, THE COMMISSIONER OF CHILDREN AND FAMILY
 SERVICES SHALL MAIL A WRITTEN NOTICE TO THE INDIVIDUAL BY CERTIFIED MAIL
 ADDRESSED TO THE INDIVIDUAL'S  LAST  KNOWN  ADDRESS.  THE  NOTICE  SHALL
 DETAIL THE AMOUNT OF THE ARREARAGE AND THE OFFICE OF CHILDREN AND FAMILY
 SERVICES' INTENT TO DISCLOSE THE ARREARAGE. IF THE ARREARAGE IS NOT PAID
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08698-01-1
 
       A. 4177                             2
 SIXTY  DAYS  AFTER  THE  NOTICE  WAS  DELIVERED TO THE INDIVIDUAL OR THE
 OFFICE OF CHILDREN AND FAMILY SERVICES HAS BEEN NOTIFIED  THAT  DELIVERY
 WAS  REFUSED,  AND  THE  INDIVIDUAL  HAS  NOT,  SINCE THE MAILING OF THE
 NOTICE, ENTERED INTO A WRITTEN AGREEMENT WITH THE OFFICE OF CHILDREN AND
 FAMILY  SERVICES FOR PAYMENT OF THE ARREARAGE, THE COMMISSIONER OF CHIL
 DREN AND FAMILY SERVICES MAY DISCLOSE THE INDIVIDUAL'S  ARREARAGE  UNDER
 SUBDIVISION ONE OF THIS SECTION.
 3.  AN  INDIVIDUAL  IN ARREARS IN HIS OR HER CHILD SUPPORT OBLIGATIONS
 UNDER A NEW YORK COURT ORDER OR ADMINISTRATIVE ORDER IS NOT  SUBJECT  TO
 DISCLOSURE UNDER SUBDIVISION ONE OF THIS SECTION IF (A) A WRITTEN AGREE
 MENT  FOR  PAYMENT EXISTS BETWEEN THE INDIVIDUAL AND THE OFFICE OF CHIL
 DREN AND FAMILY SERVICES OR (B) THE  ARREARAGE  IS  THE  SUBJECT  OF  AN
 ADMINISTRATIVE HEARING, ADMINISTRATIVE REVIEW, OR JUDICIAL REVIEW.
 4.  THE LIST SHALL BE AVAILABLE FOR PUBLIC INSPECTION AT THE OFFICE OF
 CHILDREN AND FAMILY SERVICES OR BY OTHER MEANS OF PUBLICATION, INCLUDING
 THE INTERNET.
 5. A DISCLOSURE MADE  BY  THE  COMMISSIONER  OF  CHILDREN  AND  FAMILY
 SERVICES  IN  A GOOD FAITH EFFORT TO COMPLY WITH THIS SECTION MAY NOT BE
 CONSIDERED A VIOLATION OF ANY CONFIDENTIALITY LAWS.
 

S 361-A. DEADBEATS MOST WANTED WORLDWIDE WEB  PAGE.    THE  OFFICE  OF
 CHILDREN  AND  FAMILY  SERVICES SHALL CREATE AND MAINTAIN OR CAUSE TO BE
 CREATED AND MAINTAINED ONE OR MORE WORLDWIDE WEB PAGES CONTAINING INFOR
 MATION ON SELECTED INDIVIDUALS WHO ARE IN ARREARS IN THEIR CHILD SUPPORT
 OBLIGATIONS UNDER A NEW YORK COURT ORDER OR  ADMINISTRATIVE  ORDER.  THE
 INFORMATION REGARDING EACH OF THE INDIVIDUALS SHALL INCLUDE THE INDIVID
 UAL'S  NAME,  A PHOTOGRAPH IF AVAILABLE, THE AMOUNT OF THE CHILD SUPPORT
 ARREARAGE, AND ANY OTHER INFORMATION DEEMED APPROPRIATE BY THE OFFICE OF
 CHILDREN AND FAMILY SERVICES IN ITS DISCRETION. THE INDIVIDUALS  MAY  BE
 CHOSEN  BY  THE  OFFICE  OF  CHILDREN AND FAMILY SERVICES USING CRITERIA
 INCLUDING, BUT NOT LIMITED TO, THE AMOUNT OF THE ARREARAGE,  THE  EFFECT
 OF  INCLUSION  OF  AN INDIVIDUAL UPON THE LIKELIHOOD OF THE INDIVIDUAL'S
 PAYMENT OF AN ARREARAGE, THE MOTIVATIONAL EFFECT THAT  INCLUSION  OF  AN
 INDIVIDUAL MAY HAVE ON THE WILLINGNESS OF OTHER INDIVIDUALS TO PAY THEIR
 ARREARAGES, OR THE NEED TO LOCATE A PARTICULAR INDIVIDUAL. THE OFFICE OF
 CHILDREN  AND FAMILY SERVICES SHALL MAKE THE PAGE OR PAGES ACCESSIBLE TO
 INTERNET USERS THROUGH THE WORLDWIDE WEB.   THE OFFICE OF  CHILDREN  AND
 FAMILY  SERVICES, IN ITS DISCRETION, MAY CHANGE THE CONTENTS OF THE PAGE
 OR PAGES FROM TIME TO TIME.
 BEFORE INCLUDING INFORMATION ON THE WORLDWIDE WEB PAGE  CONCERNING  AN
 INDIVIDUAL  WHO OWES PAST DUE SUPPORT, THE OFFICE OF CHILDREN AND FAMILY
 SERVICES SHALL PROVIDE THE INDIVIDUAL WITH NOTICE AND AN OPPORTUNITY  TO
 BE HEARD.
 

S  2.  The  family court act is amended by adding a new section 159 to
 read as follows:

 

S 159. CHILD SUPPORT INFORMATION.   THE CLERKS OF  THE  FAMILY  COURTS
 MAY, UPON REQUEST, COOPERATE WITH AND SUPPLY INFORMATION TO COUNTIES AND
 MUNICIPALITIES  WISHING  TO  CREATE  AND  MAINTAIN  WORLDWIDE  WEB PAGES
 CONTAINING INFORMATION ON INDIVIDUALS WHO ARE IN ARREARS IN THEIR  CHILD
 SUPPORT  OBLIGATIONS AND HAVE BEEN FOUND TO BE IN CONTEMPT OF COURT AS A
 RESULT OF THE EXISTENCE OF THAT ARREARAGE.
 

S 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

*By contributing or voting you agree to the Terms of Participation and Privacy Policy and verify you are over 13.

Discuss!