Bill S4446B-2013

Directs preparation of report concerning family assistance 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

  • Feb 26, 2014: REPORTED AND COMMITTED TO FINANCE
  • Jan 8, 2014: REFERRED TO CHILDREN AND FAMILIES
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • Jun 12, 2013: referred to children and families
  • Jun 12, 2013: DELIVERED TO ASSEMBLY
  • Jun 12, 2013: PASSED SENATE
  • Jun 11, 2013: ORDERED TO THIRD READING CAL.1280
  • Jun 11, 2013: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • May 20, 2013: REPORTED AND COMMITTED TO FINANCE
  • May 16, 2013: PRINT NUMBER 4446B
  • May 16, 2013: AMEND (T) AND RECOMMIT TO CHILDREN AND FAMILIES
  • May 6, 2013: PRINT NUMBER 4446A
  • May 6, 2013: AMEND (T) AND RECOMMIT TO CHILDREN AND FAMILIES
  • Apr 1, 2013: REFERRED TO CHILDREN AND FAMILIES

Votes

VOTE: COMMITTEE VOTE: - Children and Families - May 20, 2013
Ayes (5): Felder, Bonacic, Savino, Young, Tkaczyk
Nays (1): Montgomery
VOTE: COMMITTEE VOTE: - Children and Families - Feb 26, 2014
Ayes (5): Felder, Bonacic, Savino, Young, Tkaczyk
Ayes W/R (1): Montgomery

Memo

BILL NUMBER:S4446B

TITLE OF BILL: An act to amend the social services law, in relation to directing 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 family assistance; and providing for the repeal of such provisions upon expiration thereof

PURPOSE:

The purpose of this bill is to determine the effect that the Office of Temporary and Disability Assistance's regulation that requires applicants for family assistance to seek child support has on the number of applications made by such applicants.

SUMMARY OF PROVISIONS:

Section two of the bill amends the Social Services Law by adding a new section 361 that requires the Office of Temporary and Disability Assistance ("OTDA") to issue a report concerning applicants for family assistance who are required, Pursuant to OTDA's regulations (18 NYCRR Part 369), to seek and order of child support as a prerequisite for an award of family assistance. This report would provide statistical information including the number of applicants for family assistance, the number of denied applications, the number of applicants required to seek an order of child support, the number of applicants that have good cause not to seek an order of child support, and the number of denied applications because the applicant could not establish good cause for failing to seek an order of child support. The report is required to be issued by December 31, 2015 to the Temporary President of the Senate, the Speaker of the Assembly, the respective Chairs of the Senate Committees on Children and Families, and Social Services, and the respective Chairs of the Assembly Committees on Children and Families, and Aging,

Section three of this bill provides that this act shall take effect immediately and be deemed repealed April 1, 2016.

JUSTIFICATION:

State law requires that low income custodial parents actively seek child support from their child's non-custodial parent, or show good cause as to why he or she cannot seek child support, as a condition of eligibility for receiving family assistance. It has been alleged that this requirement constitutes such an extreme disincentive that many affected individuals may decline to seek family assistance. This bill requires OTDA to provide the Legislature with a report containing statistical information regarding applicants for family assistance who are required to seek child support, as well as other statistical information regarding the family assistance program. The information that will be provided in this report will enable the Legislature to make an informed decision regarding the affect that the child support requirement has on applicants for family assistance.

LEGISLATIVE HISTORY:

Similar to: 2011-2012: S.1435-A - Referred to Children and Families 2009-2010: S.2011 - Referred to Children and Families 2008: S.8170 - Passed the Senate

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect immediately and shall expire and be deemed repealed April 1, 2016.


Text

STATE OF NEW YORK ________________________________________________________________________ 4446--B 2013-2014 Regular Sessions IN SENATE April 1, 2013 ___________
Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the social services law, in relation to directing 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 receiv- ing family assistance; 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 temporary and disability assistance's 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 family assistance, constitute such an extreme disincentive to many individuals in need of such assistance and, thus, they fail to pursue needed assistance. The legislature finds that this is a serious allegation, and declares its intent to obtain informa- tion as speedily as possible from the state agencies involved in order to take appropriate action. S 2. The social services law is amended by adding a new section 361 to read as follows: S 361. REPORT CONCERNING FAMILY ASSISTANCE AND GOOD CAUSE FOR FAILURE TO SEEK CHILD SUPPORT. 1. THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, SHALL SUBMIT A REPORT TO THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIRS OF THE SENATE COMMITTEES ON SOCIAL SERVICES, AND CHILDREN AND FAMILIES AND THE CHAIRS OF THE
ASSEMBLY COMMITTEES ON CHILDREN AND FAMILIES AND AGING CONCERNING INFOR- MATION RELATED TO GOOD CAUSE FOR REFUSAL TO COOPERATE WITH THE REGU- LATIONS PROMULGATED IN ACCORDANCE WITH SECTION THREE HUNDRED FIFTY-FIVE OF THIS TITLE, IN CONNECTION WITH APPLICATIONS FOR FAMILY ASSISTANCE REQUIRING APPLICANTS TO SEEK CHILD SUPPORT. SUCH REPORT SHALL BE SUBMITTED AS SOON AS POSSIBLE BUT IN ANY CASE NOT LATER THAN DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN. SUCH REPORT SHALL PROVIDE INFORMA- TION ON THE FOLLOWING FOR THE PRECEDING CALENDAR YEAR, OR FOR THE NEAR- EST MEASURABLE TWELVE MONTH PERIOD, INCLUDING, BUT NOT LIMITED TO: (A) THE NUMBER OF APPLICANTS FOR FAMILY ASSISTANCE; (B) THE NUMBER OF DENIALS FOR FAMILY ASSISTANCE; (C) THE NUMBER OF APPLICANTS REQUIRED TO SEEK A CHILD SUPPORT ORDER; (D) THE NUMBER OF APPLICANTS WITH ONE OR MORE CHILDREN FOR WHOM A CHILD SUPPORT ORDER HAS BEEN ENTERED BUT HAS NOT BEEN ENFORCED BY THE OFFICE; (E) THE NUMBER OF APPLICANTS WHO HAVE CLAIMED GOOD CAUSE FOR REFUSAL TO COOPERATE IN SEEKING A CHILD SUPPORT ORDER OR ORDERS; (F) THE NUMBER OF APPLICANTS FOR WHOM THERE HAS BEEN A FINDING THAT GOOD CAUSE EXISTS FOR REFUSAL TO COOPERATE; (G) THE NUMBER OF APPLICANTS FOR WHICH THERE HAS BEEN A FINDING THAT GOOD CAUSE FOR REFUSAL TO COOPERATE DOES NOT EXIST; (H) 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; AND (I) 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. 2. THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE SHALL DIRECT ALL COUNTIES IN THE STATE TO FORWARD TO THE OFFICE OF TEMPORARY AND DISABIL- ITY ASSISTANCE, WITHIN THIRTY DAYS OF THE DATE OF THE REQUEST, SUCH INFORMATION AS THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE 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, 2016.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

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

Discuss!

blog comments powered by Disqus