Bill S1435A-2011

Directs preparation of report concerning child care subsidies and requirement to show good cause for failure to seek child support

Directs the office of children and family services and the office of temporary and disability assistance to prepare a report concerning low income custodial parent's requirement to show good cause for a refusal to seek child support as a requirement for receiving a child care subsidy; provides for the repeal of such provisions upon expiration thereof.

Details

Actions

  • Jan 18, 2012: PRINT NUMBER 1435A
  • Jan 18, 2012: AMEND AND RECOMMIT TO CHILDREN AND FAMILIES
  • Jan 4, 2012: REFERRED TO CHILDREN AND FAMILIES
  • Jan 7, 2011: REFERRED TO CHILDREN AND FAMILIES

Memo

BILL NUMBER:S1435A

TITLE OF BILL:

An act to amend the executive law, in relation to directing the office of children and family services and the office of temporary and disability assistance to prepare a report concerning low income custodial parents' requirement to show good cause for a refusal to seek child support as a requirement for receiving a child care subsidy; and providing for the repeal of such provisions upon expiration thereof

SUMMARY OF PROVISIONS:

The bill adds a new section 501-i to executive law to require that the office of children and family services (OCFS), in collaboration with the office of temporary and disability assistance, report to the temporary president of the senate, the speaker of the assembly, the chair of the senate committee on social services, children and families and the chair of the assembly committee on children and families concerning good cause for refusal to cooperate with the requirements of regulation 18 NYCRR 415.3(c), and any other regulation or directive affecting the requirement that such good cause be established as to why the individual is not pursuing child support from the non-custodial parent(s) either through the social services district's child support enforcement program or through other legal means.

The report is due as soon as possible but in any case not later than May 29, 2013. Such report shall provide information on the following for the preceding calendar year, or for the nearest measurable twelve month period. The several items delineated for the report will provide a picture of the reasons why individuals are or are not cooperating with the directive, and whether cooperation creates hardship.

JUSTIFICATION:

There have been very serious allegations made for the past several years that the requirement in current State processes that low income custodial parents actively seek child support from non-custodial parents or show good cause as to why he or she cannot seek child support, as a condition of eligibility for a child care subsidy, constitutes such an extreme disincentive to many individuals in need of such assistance and as such fail to pursue needed assistance. The purpose of this bill is to obtain information as speedily as possible from the state agencies involved in order to take appropriate action.

PRIOR LEGISLATIVE HISTORY:

S.8170: 2007-08 Referred to Social Services, Children & Families, Passed Senate S.2011: 2009-10 Referred to Children & Families

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately and shall expire and be deemed repealed April 1, 2014.


Text

STATE OF NEW YORK ________________________________________________________________________ 1435--A 2011-2012 Regular Sessions IN SENATE January 7, 2011 ___________
Introduced by Sen. GOLDEN -- 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 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the executive law, in relation to directing the office of children and family services and the office of temporary and disa- bility assistance to prepare a report concerning low income custodial parents' requirement to show good cause for a refusal to seek child support as a requirement for receiving a child care subsidy; and providing for the repeal of such provisions upon expiration thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative findings. The legislature hereby finds that certain parties allege that the office of children and family services' regulations and directives requiring low income custodial parents to actively seek child support from non-custodial parents or show good cause as to why he or she cannot seek child support, as a condition of eligibility for a child care subsidy, constitutes such an extreme disin- centive to many individuals in need of such assistance and as such fail to pursue needed assistance. The legislature finds that this is a seri- ous allegation, and declares its intent to obtain information as speedi- ly as possible from the state agencies involved in order to take appro- priate action. S 2. The executive law is amended by adding a new section 501-i to read as follows: S 501-I. REPORT CONCERNING CHILD CARE SUBSIDIES AND GOOD CAUSE FOR FAILURE TO SEEK CHILD SUPPORT. 1. THE OFFICE OF CHILDREN AND FAMILY SERVICES, IN COLLABORATION WITH THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, SHALL SUBMIT A REPORT TO THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIR OF THE SENATE COMMITTEES
ON SOCIAL SERVICES, AND CHILDREN AND FAMILIES AND THE CHAIR OF THE ASSEMBLY COMMITTEE ON CHILDREN AND FAMILIES CONCERNING THE INFORMATION RELATED TO GOOD CAUSE FOR REFUSAL TO COOPERATE WITH THE REQUIREMENTS OF REGULATION 18 NYCRR 415.3(C), AND ANY OTHER REGULATION OR DIRECTIVE AFFECTING THE REQUIREMENT THAT SUCH GOOD CAUSE BE ESTABLISHED, AS SOON AS POSSIBLE BUT IN ANY CASE NOT LATER THAN MAY TWENTY-NINTH, TWO THOU- SAND THIRTEEN. SUCH REPORT SHALL PROVIDE INFORMATION ON THE FOLLOWING FOR THE PRECEDING CALENDAR YEAR, OR FOR THE NEAREST MEASURABLE TWELVE MONTH PERIOD, INCLUDING, BUT NOT LIMITED TO: (A) THE NUMBER OF APPLICANTS FOR CHILD CARE SUBSIDY ASSISTANCE; (B) THE NUMBER OF DENIALS FOR A CHILD CARE SUBSIDY; (C) THE NUMBER OF APPLICANTS WHO HAVE CLAIMED GOOD CAUSE FOR REFUSAL TO COOPERATE IN SEEKING A CHILD SUPPORT ORDER OR ORDERS; (D) THE NUMBER OF APPLICANTS FOR WHOM THERE HAS BEEN A FINDING THAT GOOD CAUSE EXISTS FOR REFUSAL TO COOPERATE; (E) THE NUMBER OF APPLICANTS FOR WHICH THERE HAS BEEN A FINDING THAT GOOD CAUSE FOR REFUSAL TO COOPERATE DOES NOT EXIST; (F) THE NUMBER OF APPLICANTS FOR WHOM THE FINDING OF GOOD CAUSE FOR REFUSAL TO COOPERATE IS DUE TO AN INDICATION OF THE PRESENCE OF DOMESTIC VIOLENCE; (G) THE NUMBER OF APPLICANTS FOR WHOM THE FINDING OF GOOD CAUSE FOR REFUSAL TO COOPERATE IS DUE TO ANOTHER REASON OTHER THAN DOMESTIC VIOLENCE, AND THOSE REASONS; (H) THE NUMBER OF POTENTIAL APPLICANTS WHO ARE ELIGIBLE FOR CHILD CARE SUBSIDY ASSISTANCE BUT WHO HAVE (I) FAILED TO COMPLETE THE APPLICATION, OR (II) FAILED TO APPLY BECAUSE OF THE REQUIREMENT, SUCH FIGURES TO BE STATED AS SEPARATE CATEGORIES; AND (I) THE AMOUNT OF CHILD SUPPORT COLLECTED ON BEHALF OF CHILD CARE SUBSIDY APPLICANTS, INCLUDING, AND STATED SEPARATELY, THE AMOUNT COLLECTED IN CASES IN WHICH THE APPLICANT'S OR RECIPIENT'S COOPERATION WITH THE REGULATION WAS NOT REQUIRED. 2. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL DIRECT ALL COUN- TIES IN THE STATE TO FORWARD TO THE OFFICE OF CHILDREN AND FAMILY SERVICES, WITHIN THIRTY DAYS OF THE DATE OF THE REQUEST, SUCH INFORMA- TION AS THE OFFICE OF CHILDREN AND FAMILY SERVICES DEEMS NECESSARY TO ACCOMPLISH THE DIRECTIVES OF THIS SECTION. ALL COUNTIES SO DIRECTED SHALL COMPLY WITH THE REQUEST. S 3. This act shall take effect immediately and shall expire and be deemed repealed April 1, 2014.

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