Bill Text: NY S05343 | 2013-2014 | General Assembly | Amended

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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) 2014-01-08 - REFERRED TO SOCIAL SERVICES [S05343 Detail]

Download: New_York-2013-S05343-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5343--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                     May 16, 2013
                                      ___________
       Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
         printed to be committed to the Committee on Social Services -- commit-
         tee discharged, bill amended, ordered reprinted as amended and  recom-
         mitted 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 safety net 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:
    1    Section 1. Legislative findings.   The legislature hereby  finds  that
    2  certain  parties  allege that paragraph (ii) of subdivision 6 of section
    3  158 of the social services law 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 family assistance, constitutes such an extreme disincen-
    7  tive to many individuals in need of such assistance  and  as  such  they
    8  fail  to  pursue needed assistance. The legislature finds that this is a
    9  serious allegation, and declares its intent  to  obtain  information  as
   10  speedily  as  possible from the state agencies involved in order to take
   11  appropriate action.
   12    S 2. The social services law is amended by adding a new section  159-a
   13  to read as follows:
   14    S  159-A.  REPORT  CONCERNING SAFETY NET ASSISTANCE AND GOOD CAUSE FOR
   15  FAILURE TO SEEK CHILD SUPPORT. 1. THE OFFICE OF TEMPORARY AND DISABILITY
   16  ASSISTANCE, SHALL SUBMIT A REPORT TO  THE  TEMPORARY  PRESIDENT  OF  THE
   17  SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIRS OF THE SENATE COMMITTEES
   18  ON  SOCIAL  SERVICES,  AND  CHILDREN  AND FAMILIES AND THE CHAIRS OF THE
   19  ASSEMBLY COMMITTEES  ON  SOCIAL  SERVICES,  AND  CHILDREN  AND  FAMILIES
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11007-03-3
       S. 5343--A                          2
    1  CONCERNING  INFORMATION  RELATED  TO GOOD CAUSE FOR REFUSAL TO COOPERATE
    2  WITH THE REQUIREMENTS OF PARAGRAPH (II) OF SUBDIVISION  SIX  OF  SECTION
    3  ONE  HUNDRED  FIFTY-EIGHT  OF THIS TITLE AND THE REGULATIONS PROMULGATED
    4  THEREUNDER,  IN  CONNECTION  WITH APPLICATIONS FOR SAFETY NET ASSISTANCE
    5  PURSUANT TO THIS TITLE.   SUCH REPORT SHALL  BE  SUBMITTED  AS  SOON  AS
    6  POSSIBLE BUT IN ANY CASE NOT LATER THAN DECEMBER THIRTY-FIRST, TWO THOU-
    7  SAND  SIXTEEN.    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 INDIVIDUALS THAT APPEAR TO BE ELIGIBLE TO APPLY FOR
   11  SAFETY NET ASSISTANCE;
   12    (B) THE NUMBER OF APPLICANTS FOR SAFETY NET ASSISTANCE;
   13    (C) THE NUMBER OF DENIALS FOR SAFETY NET ASSISTANCE;
   14    (D) THE NUMBER OF APPLICANTS WHO HAVE CLAIMED GOOD CAUSE  FOR  REFUSAL
   15  TO COOPERATE IN SEEKING A CHILD SUPPORT ORDER OR ORDERS;
   16    (E)  THE  NUMBER  OF APPLICANTS FOR WHOM THERE HAS BEEN A FINDING THAT
   17  GOOD CAUSE EXISTS FOR REFUSAL TO COOPERATE;
   18    (F) THE NUMBER OF APPLICANTS FOR WHICH THERE HAS BEEN A  FINDING  THAT
   19  GOOD CAUSE FOR REFUSAL TO COOPERATE DOES NOT EXIST;
   20    (G)  THE  NUMBER  OF APPLICANTS FOR WHOM THE FINDING OF GOOD CAUSE FOR
   21  REFUSAL TO COOPERATE IS DUE TO AN INDICATION OF THE PRESENCE OF DOMESTIC
   22  VIOLENCE; AND
   23    (H) THE NUMBER OF APPLICANTS FOR WHOM THE FINDING OF  GOOD  CAUSE  FOR
   24  REFUSAL  TO  COOPERATE  IS  DUE  TO  ANOTHER  REASON OTHER THAN DOMESTIC
   25  VIOLENCE, AND THOSE REASONS.
   26    2. THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE SHALL DIRECT  ALL
   27  COUNTIES IN THE STATE TO FORWARD TO THE OFFICE OF TEMPORARY AND DISABIL-
   28  ITY  ASSISTANCE,  WITHIN  THIRTY  DAYS  OF THE DATE OF THE REQUEST, SUCH
   29  INFORMATION AS THE OFFICE OF TEMPORARY AND DISABILITY  ASSISTANCE  DEEMS
   30  NECESSARY  TO ACCOMPLISH THE DIRECTIVES OF THIS SECTION. ALL COUNTIES SO
   31  DIRECTED SHALL COMPLY WITH THE REQUEST.
   32    S 3. This act shall take effect immediately and shall  expire  and  be
   33  deemed repealed April 1, 2017.