Authorizes the creation of a financially deliquent parents most wanted list.
TITLE OF BILL: An act to amend the social services law, in relation to authorizing the creation of a financially delinquent parents most wanted list
Creates a financially delinquent most wanted list website to help locate those in arrears of child support of more than ten thousand dollars.
SUMMARY OF PROVISIONS:
Section one of the bill amends the Social Services Law to add a new section 111-w. This section requires the Office of Temporary and Disability Assistance ("OTDA") to compile, disclose and publish at regular intervals a financially delinquent parents most wanted list. For purposes of the List, a financially delinquent parent is a person who is under an administrative or Court order to pay child support, has failed to fully comply with this obligation, and has arrears in excess of $10,000. The number of individuals included on the List shall be limited to 500.
The List shall be used for the purposes of locating the listed individuals. To assist with achieving this goal, the List will identify each individual by name and will include a physical description of the individual, his or her last known address, and photograph, if available. Prior to the inclusion on the List, the OTDA is required to attempt to notify the individual about the potential inclusion on the List and provide him or her with the opportunity to prevent inclusion by either paying the child support owed or enter into an agreement with the child support collection agency to make payments. An individual's information shall be removed from the list upon paying the balance of child support owed, making three consecutive payments as per an agreement with OTDA, or submission to OTDA of a certified copy of a Court or administrative order stating that the individual is not responsible for the payments.
The List will not be available for public access; access will be limited to employers and their agents who are at least 18 years old. Employers may access the List electronically via OTDA's website. Employers may also inspect the List at any local child support collection unit office.
The statistics show that as of the end of federal fiscal year, nationwide financially delinquent parents owed a total of $114.6 billion. The Office of Temporary and Disability Assistance estimates that New York non-custodial parents make up 5.4% of the nation's total outstanding payments, meaning New Yorkers owe almost $6.2 billion in outstanding child support payments.
Even though there are numerous tools available to enforce child support orders and collect arrears, many people are owed back child support. This bill would provide another tool for the collection of these arrears. Limiting List access to employers serves two purposes.First, it protects the affected children because the risk that a child will discover that his or her parent is on the List is low. Second, when a person assumes a different name or variation of his or her name, an employer may be able to identify an employee from his or her photograph on the List.
Lists similar to the List that OTDA would be required to create are already in use in this Country. As part of Project Save Our Children, the Office of Inspector General for the United States Department of Health & Human Services currently publishes a list of "Deadbeat Parents" that includes, among other things, the names, addresses, arrear amounts, birthdates, possible whereabouts and photographs. Additionally, similar information is published on the Internet by a company that, for a fee, will engage in activities to locate a person with child support arrears and collect the arrears.
S.4114 of 2013 - Passed Senate S.1987 of 2012 - Passed Senate
STATE OF NEW YORK ________________________________________________________________________ 4114--A 2013-2014 Regular Sessions IN SENATE March 8, 2013 ___________Introduced by Sens. GOLDEN, LANZA, MARTINS -- read twice and ordered printed, and when printed to be committed to the Committee on Social Services -- recommitted to the Committee on Social Services in accord- ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the social services law, in relation to authorizing the creation of a financially delinquent parents most wanted list THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The social services law is amended by adding a new section 111-w to read as follows: S 111-W. "FINANCIALLY DELINQUENT PARENTS MOST WANTED LIST"; WEBSITE; COORDINATED ARRESTS. 1. DEFINITIONS. AS USED IN THIS SECTION: (A) "OFFICE" MEANS THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE; AND (B) "COMMISSIONER" MEANS THE COMMISSIONER OF TEMPORARY AND DISABILITY ASSISTANCE. 2. THE OFFICE SHALL COMPILE, AND SHALL DISCLOSE AND PUBLISH ON A QUAR- TERLY BASIS AT REGULAR INTERVALS A "FINANCIALLY DELINQUENT PARENTS MOST WANTED LIST", COMPRISED OF INDIVIDUALS WHO ARE IN ARREARS IN THEIR CHILD SUPPORT OBLIGATIONS UNDER A COURT OR ADMINISTRATIVE ORDER. THE LIST SHALL INCLUDE ONLY THOSE PERSONS WHO ARE IN ARREARS IN AN AMOUNT GREATER THAN TEN THOUSAND DOLLARS, OR SUCH OTHER AMOUNT AS ESTABLISHED FROM TIME TO TIME BY THE COMMISSIONER, AND SHALL SET FORTH IDENTIFYING INFORMA- TION, INCLUDING BUT NOT LIMITED TO, THE NAME AND LAST KNOWN ADDRESS OF THE INDIVIDUAL OWING THE ARREARAGE, A PHYSICAL DESCRIPTION OF SUCH INDI- VIDUAL AND A PHOTOGRAPH OF THE INDIVIDUAL IF AVAILABLE, THE INDIVIDUAL'S OCCUPATION, THE AMOUNT OF ANY CHILD SUPPORT ARREARAGE, THE NUMBER OF CHILDREN FOR WHOM SUPPORT IS OWED, AND ANY OTHER INFORMATION DEEMED APPROPRIATE BY THE OFFICE. 3. THE "FINANCIALLY DELINQUENT PARENTS MOST WANTED LIST" SHALL BE MADE AVAILABLE BY THE OFFICE THROUGH ITS WEBSITE, PROVIDED THAT SUCH ACCESSEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03867-04-4 S. 4114--A 2
SHALL BE LIMITED TO EMPLOYERS SUBJECT TO THE TAX WITHHOLDING REQUIRE- MENTS OF SECTION SIX HUNDRED SEVENTY-ONE OF THE TAX LAW AND THEIR AUTHORIZED EMPLOYEES AND SHALL BE AVAILABLE FOR INSPECTION BY SUCH EMPLOYERS AND AUTHORIZED EMPLOYEES AT EACH FACILITY OF THE OFFICE, INCLUDING BUT NOT LIMITED TO, THE OFFICE OF EACH SUPPORT COLLECTION UNIT. 4. THE LIST SHALL BE USED FOR THE PURPOSES OF LOCATING DELINQUENT INDIVIDUALS AND ASSISTING WITH THE ENFORCEMENT OF ORDERS DIRECTING THE PAYMENT OF SUPPORT. 5. AT LEAST NINETY DAYS PRIOR TO THE DISCLOSURE OF AN INDIVIDUAL'S INFORMATION ON THE LIST, THE OFFICE SHALL MAIL A WRITTEN NOTICE TO THE INDIVIDUAL BY CERTIFIED MAIL ADDRESSED TO THE INDIVIDUAL'S LAST KNOWN HOME ADDRESS. THE NOTICE SHALL DETAIL THE AMOUNT OF THE ARREARAGE AND THE OFFICE'S INTENT TO DISCLOSE THE ARREARAGE. IF THE ARREARAGE IS NOT PAID IN FULL WITHIN NINETY DAYS AFTER THE NOTICE WAS DELIVERED TO THE INDIVIDUAL OR THE OFFICE HAS BEEN NOTIFIED THAT DELIVERY WAS REFUSED OR OTHERWISE NOT SUCCESSFUL, AND THE INDIVIDUAL HAS NOT, SINCE THE MAILING OF THE NOTICE, ENTERED INTO A WRITTEN AGREEMENT WITH THE OFFICE FOR PAYMENT OF THE ARREARAGE THE OFFICE SHALL DISCLOSE THE INDIVIDUAL'S ARREARAGE UNDER SUBDIVISION TWO OF THIS SECTION. 6. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION FIVE OF THIS SECTION, INFORMATION CONCERNING AN INDIVIDUAL IN ARREARS IN HIS OR HER CHILD SUPPORT OBLIGATIONS UNDER A COURT OR ADMINISTRATIVE ORDER IS NOT SUBJECT TO DISCLOSURE UNDER SUBDIVISION TWO OF THIS SECTION IF: (A) A WRITTEN AGREEMENT FOR PAYMENT EXISTS BETWEEN THE INDIVIDUAL AND THE OFFICE, OR (B) THE ARREARAGE IS THE SUBJECT OF AN ADMINISTRATIVE HEARING, ADMINIS- TRATIVE REVIEW, OR JUDICIAL REVIEW. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, IF AN INDIVIDUAL FAILS TO COMPLY IN FULL WITH AN AGREE- MENT MADE BETWEEN THE INDIVIDUAL AND THE OFFICE, THE OFFICE MAY PLACE THE INDIVIDUAL'S INFORMATION ON THE LIST AGAIN WITHOUT BEING REQUIRED TO GIVE NOTICE AS PROVIDED IN SUBDIVISION FIVE OF THIS SECTION. 7. AN INDIVIDUAL'S INFORMATION SHALL BE REMOVED FROM THE "FINANCIALLY DELINQUENT PARENTS MOST WANTED LIST" UPON: (A) FULL PAYMENT OF THE ARREARAGE; (B) PAYMENT OF THREE CONSECUTIVE PAYMENTS MADE UNDER A WRIT- TEN AGREEMENT BETWEEN THE INDIVIDUAL AND THE OFFICE OR (C) SUBMISSION TO THE OFFICE OF A CERTIFIED COPY OF A COURT OR ADMINISTRATIVE ORDER DIRECTING THAT THE INDIVIDUAL IS NOT RESPONSIBLE FOR THE PAYMENTS COMPRISING THE ARREARAGE. SUCH INFORMATION SHALL BE REMOVED FROM THE WEBSITE NO LATER THAN TEN BUSINESS DAYS AFTER THE RECEIPT OF THE INFOR- MATION DESCRIBED IN THIS SUBDIVISION AND FROM THE PRINTED VERSIONS OF THE LIST AT THE TIME OF THE NEXT PRINTING OF SUCH VERSION. 8. A DISCLOSURE MADE BY THE OFFICE IN A GOOD FAITH EFFORT TO COMPLY WITH THIS SECTION SHALL NOT BE CONSIDERED A VIOLATION OF ANY CONFIDEN- TIALITY LAWS. 9. THE COMMISSIONER SHALL PROMULGATE SUCH RULES AND REGULATIONS AS HE OR SHE DEEMS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS SECTION. S 2. Section 111-v of the social services law is amended by adding a new subdivision 6 to read as follows: 6. THE DISCLOSURE OR PUBLICATION OF INFORMATION ON THE DELINQUENT OBLIGOR'S SUPPORT LIST AND WEBSITE, AS PROVIDED IN SECTION ONE HUNDRED ELEVEN-W OF THIS TITLE SHALL NOT BE CONSTRUED TO BE A VIOLATION OF THE PROVISIONS OF THIS SECTION. S 3. This act shall take effect immediately.