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.