Bill Text: NY S01435 | 2011-2012 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-01-18 - PRINT NUMBER 1435A [S01435 Detail]

Download: New_York-2011-S01435-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        1435--A
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    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:
    1    Section  1.  Legislative findings.   The legislature hereby finds that
    2  certain parties allege that the office of children and family  services'
    3  regulations  and  directives  requiring  low income custodial parents to
    4  actively seek child support from  non-custodial  parents  or  show  good
    5  cause  as  to why he or she cannot seek child support, as a condition of
    6  eligibility for a child care subsidy, constitutes such an extreme disin-
    7  centive to many individuals in need of such assistance and as such  fail
    8  to  pursue needed assistance. The legislature finds that this is a seri-
    9  ous allegation, and declares its intent to obtain information as speedi-
   10  ly as possible from the state agencies involved in order to take  appro-
   11  priate action.
   12    S  2.  The  executive  law is amended by adding a new section 501-i to
   13  read as follows:
   14    S 501-I. REPORT CONCERNING CHILD CARE SUBSIDIES  AND  GOOD  CAUSE  FOR
   15  FAILURE  TO  SEEK CHILD SUPPORT.   1.  THE OFFICE OF CHILDREN AND FAMILY
   16  SERVICES, IN COLLABORATION WITH THE OFFICE OF TEMPORARY  AND  DISABILITY
   17  ASSISTANCE,  SHALL  SUBMIT  A  REPORT  TO THE TEMPORARY PRESIDENT OF THE
   18  SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIR OF THE SENATE  COMMITTEES
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04642-02-2
       S. 1435--A                          2
    1  ON  SOCIAL  SERVICES,  AND  CHILDREN  AND  FAMILIES AND THE CHAIR OF THE
    2  ASSEMBLY COMMITTEE ON CHILDREN AND FAMILIES CONCERNING  THE  INFORMATION
    3  RELATED  TO GOOD CAUSE FOR REFUSAL TO COOPERATE WITH THE REQUIREMENTS OF
    4  REGULATION  18  NYCRR  415.3(C),  AND  ANY OTHER REGULATION OR DIRECTIVE
    5  AFFECTING THE REQUIREMENT THAT SUCH GOOD CAUSE BE ESTABLISHED,  AS  SOON
    6  AS  POSSIBLE  BUT IN ANY CASE NOT LATER THAN MAY TWENTY-NINTH, TWO THOU-
    7  SAND THIRTEEN.  SUCH REPORT SHALL PROVIDE INFORMATION ON  THE  FOLLOWING
    8  FOR  THE  PRECEDING  CALENDAR YEAR, OR FOR THE NEAREST MEASURABLE TWELVE
    9  MONTH PERIOD, INCLUDING, BUT NOT LIMITED TO:
   10    (A) THE NUMBER OF APPLICANTS FOR CHILD CARE SUBSIDY ASSISTANCE;
   11    (B) THE NUMBER OF DENIALS FOR A CHILD CARE SUBSIDY;
   12    (C) THE NUMBER OF APPLICANTS WHO HAVE CLAIMED GOOD CAUSE  FOR  REFUSAL
   13  TO COOPERATE IN SEEKING A CHILD SUPPORT ORDER OR ORDERS;
   14    (D)  THE  NUMBER  OF APPLICANTS FOR WHOM THERE HAS BEEN A FINDING THAT
   15  GOOD CAUSE EXISTS FOR REFUSAL TO COOPERATE;
   16    (E) THE NUMBER OF APPLICANTS FOR WHICH THERE HAS BEEN A  FINDING  THAT
   17  GOOD CAUSE FOR REFUSAL TO COOPERATE DOES NOT EXIST;
   18    (F)  THE  NUMBER  OF APPLICANTS FOR WHOM THE FINDING OF GOOD CAUSE FOR
   19  REFUSAL TO COOPERATE IS DUE TO AN INDICATION OF THE PRESENCE OF DOMESTIC
   20  VIOLENCE;
   21    (G) THE NUMBER OF APPLICANTS FOR WHOM THE FINDING OF  GOOD  CAUSE  FOR
   22  REFUSAL  TO  COOPERATE  IS  DUE  TO  ANOTHER  REASON OTHER THAN DOMESTIC
   23  VIOLENCE, AND THOSE REASONS;
   24    (H) THE NUMBER OF POTENTIAL APPLICANTS WHO ARE ELIGIBLE FOR CHILD CARE
   25  SUBSIDY ASSISTANCE BUT WHO HAVE (I) FAILED TO COMPLETE THE  APPLICATION,
   26  OR  (II)  FAILED TO APPLY BECAUSE OF THE REQUIREMENT, SUCH FIGURES TO BE
   27  STATED AS SEPARATE CATEGORIES; AND
   28    (I) THE AMOUNT OF CHILD SUPPORT COLLECTED  ON  BEHALF  OF  CHILD  CARE
   29  SUBSIDY   APPLICANTS,  INCLUDING,  AND  STATED  SEPARATELY,  THE  AMOUNT
   30  COLLECTED IN CASES IN WHICH THE APPLICANT'S OR  RECIPIENT'S  COOPERATION
   31  WITH THE REGULATION WAS NOT REQUIRED.
   32    2.  THE  OFFICE OF CHILDREN AND FAMILY SERVICES SHALL DIRECT ALL COUN-
   33  TIES IN THE STATE TO FORWARD  TO  THE  OFFICE  OF  CHILDREN  AND  FAMILY
   34  SERVICES,  WITHIN  THIRTY DAYS OF THE DATE OF THE REQUEST, SUCH INFORMA-
   35  TION AS THE OFFICE OF CHILDREN AND FAMILY SERVICES  DEEMS  NECESSARY  TO
   36  ACCOMPLISH  THE  DIRECTIVES  OF  THIS  SECTION. ALL COUNTIES SO DIRECTED
   37  SHALL COMPLY WITH THE REQUEST.
   38    S 3. This act shall take effect immediately and shall  expire  and  be
   39  deemed repealed April 1, 2014.