Bill Text: NY S02586 | 2021-2022 | General Assembly | Amended

New York Senate Bill 2586 (Prior Session Legislation)

Bill Title: Directs the social services district to take no action to establish paternity or a child support order when the applicant or recipient for aid to dependent children has established good cause to refuse to cooperate.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2022-05-23 - SUBSTITUTED BY A6266A [S02586 Detail]

Download: New_York-2021-S02586-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                         2586--A
            Cal. No. 427

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 22, 2021
                                       ___________

        Introduced by Sens. BRISPORT, SALAZAR -- 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 -- reported favorably from said
          committee, ordered to first and second  report,  ordered  to  a  third
          reading,  amended  and  ordered  reprinted, retaining its place in the
          order of third reading

        AN ACT to amend the social services law,  in  relation  to  waiving  the
          requirement  of  establishing  paternity  or a child support order for
          certain applicants or recipients of aid to dependent children

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section  349-b  of  the social services law is amended by
     2  adding a new subdivision 3 to read as follows:
     3    3. When the applicant or  recipient  has  established  good  cause  to
     4  refuse  to  cooperate, the social services district shall take no action
     5  to establish paternity or a child support order.
     6    § 2. Subdivision 6 of section 158  of  the  social  services  law,  as
     7  amended  by  section  4  of part Z of chapter 57 of the laws of 2008, is
     8  amended to read as follows:
     9    6. In addition to other eligibility requirements, each person  who  is
    10  applying for or receiving assistance under this title, and who is other-
    11  wise  eligible  for assistance under this title, shall be required, as a
    12  further condition of eligibility for such assistance:
    13    (i) to assign to the state and the social services district any rights
    14  to support that accrue during the period that a family  receives  safety
    15  net  assistance from any other person as such applicant or recipient may
    16  have either on their own behalf or on behalf of any other family  member
    17  for whom the applicant or recipient is applying for or receiving assist-
    18  ance; [and]

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08758-03-2

        S. 2586--A                          2

     1    (ii)  to cooperate with the state and the social services official, in
     2  accordance with standards established by regulations of  the  office  of
     3  temporary  and  disability  assistance  consistent  with federal law and
     4  regulations, in establishing the paternity of a child  born  out-of-wed-
     5  lock  for  whom  assistance  under  this  title  is being applied for or
     6  received, in their efforts to locate any absent parent and in  obtaining
     7  support  payments  or any other payments or property due such person and
     8  due each child for whom assistance under this title is being applied for
     9  or received, except that an applicant or recipient shall not be required
    10  to cooperate in such efforts in cases in which the social services offi-
    11  cial has determined, in accordance with  criteria,  including  the  best
    12  interests  of  the child, as established by regulations of the office of
    13  temporary and disability assistance  consistent  with  federal  law  and
    14  regulations,  that  such applicant or recipient has good cause to refuse
    15  to cooperate. Each social services district shall inform applicants  for
    16  and  recipients  of safety net assistance required to cooperate with the
    17  state and local social services officials pursuant to the provisions  of
    18  this  paragraph, that where a proceeding to establish paternity has been
    19  filed, and the allegation of paternity has been denied by  the  respond-
    20  ent,  there  shall  be  a  stay of all paternity proceedings and related
    21  social services district proceedings until sixty days after the birth of
    22  the child. Such applicants and recipients shall also  be  informed  that
    23  public  assistance  and  care  shall  not be denied during a stay on the
    24  basis of refusal to cooperate pursuant to the provisions of  this  para-
    25  graph[.]; and
    26    (iii)  when  the  applicant or recipient has established good cause to
    27  refuse to cooperate, the social services district shall take  no  action
    28  to establish paternity or a child support order.
    29    § 3. This act shall take effect immediately.