S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9888

                          I N  A S S E M B L Y

                            February 9, 2010
                               ___________

Introduced by M. of A. BARCLAY, McDONOUGH, AMEDORE -- Multi-Sponsored by
  -- M. of A.  BACALLES, CALHOUN, CONTE, CROUCH, DUPREY, McKEVITT, SALA-
  DINO,  TOWNSEND  --  read once and referred to the Committee on Social
  Services

AN ACT to amend the social services law and the  family  court  act,  in
  relation  to  establishing  a deadbeats most wanted list and worldwide
  web page

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Article 5 of the social services law is amended by adding a
new title 10-A to read as follows:
                               TITLE 10-A
                          DEADBEATS MOST WANTED
SECTION 361. DEADBEATS MOST WANTED LIST.
        361-A. DEADBEATS MOST WANTED WORLDWIDE WEB PAGE.
  S 361. DEADBEATS  MOST  WANTED LIST.   1. THE COMMISSIONER OF CHILDREN
AND FAMILY SERVICES MAY DISCLOSE A "DEADBEATS MOST WANTED LIST" OF INDI-
VIDUALS WHO ARE IN ARREARS IN THEIR CHILD SUPPORT  OBLIGATIONS  UNDER  A
NEW  YORK  COURT  ORDER  OR ADMINISTRATIVE ORDER. THE LIST SHALL INCLUDE
ONLY THOSE PERSONS WHO ARE IN ARREARS IN AN  AMOUNT  GREATER  THAN  FIVE
THOUSAND DOLLARS (OR SUCH GREATER AMOUNT AS ESTABLISHED BY THE OFFICE OF
CHILDREN  AND  FAMILY SERVICES). THE LIST SHALL INCLUDE THE INDIVIDUAL'S
NAME AND ADDRESS, THE AMOUNT OF ANY CHILD  SUPPORT  ARREARAGE,  AND  ANY
OTHER INFORMATION DEEMED APPROPRIATE BY THE OFFICE OF CHILDREN AND FAMI-
LY SERVICES.
  2. AT LEAST NINETY DAYS BEFORE THE DISCLOSURE UNDER SUBDIVISION ONE OF
THIS  SECTION  OF  THE NAME OF AN INDIVIDUAL WHO IS IN ARREARS IN HIS OR
HER CHILD SUPPORT OBLIGATIONS, THE COMMISSIONER OF CHILDREN  AND  FAMILY
SERVICES SHALL MAIL A WRITTEN NOTICE TO THE INDIVIDUAL BY CERTIFIED MAIL
ADDRESSED  TO  THE  INDIVIDUAL'S  LAST  KNOWN  ADDRESS. THE NOTICE SHALL
DETAIL THE AMOUNT OF THE ARREARAGE AND THE OFFICE OF CHILDREN AND FAMILY
SERVICES' INTENT TO DISCLOSE THE ARREARAGE. IF THE ARREARAGE IS NOT PAID
SIXTY DAYS AFTER THE NOTICE WAS  DELIVERED  TO  THE  INDIVIDUAL  OR  THE
OFFICE  OF  CHILDREN AND FAMILY SERVICES HAS BEEN NOTIFIED THAT DELIVERY

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

                                                           LBD14735-01-9

A. 9888                             2

WAS REFUSED, AND THE INDIVIDUAL  HAS  NOT,  SINCE  THE  MAILING  OF  THE
NOTICE, ENTERED INTO A WRITTEN AGREEMENT WITH THE OFFICE OF CHILDREN AND
FAMILY  SERVICES FOR PAYMENT OF THE ARREARAGE, THE COMMISSIONER OF CHIL-
DREN  AND  FAMILY SERVICES MAY DISCLOSE THE INDIVIDUAL'S ARREARAGE UNDER
SUBDIVISION ONE OF THIS SECTION.
  3. AN INDIVIDUAL IN ARREARS IN HIS OR HER  CHILD  SUPPORT  OBLIGATIONS
UNDER  A  NEW YORK COURT ORDER OR ADMINISTRATIVE ORDER IS NOT SUBJECT TO
DISCLOSURE UNDER SUBDIVISION ONE OF THIS SECTION IF (A) A WRITTEN AGREE-
MENT FOR PAYMENT EXISTS BETWEEN THE INDIVIDUAL AND THE OFFICE  OF  CHIL-
DREN  AND  FAMILY  SERVICES  OR  (B)  THE ARREARAGE IS THE SUBJECT OF AN
ADMINISTRATIVE HEARING, ADMINISTRATIVE REVIEW, OR JUDICIAL REVIEW.
  4. THE LIST SHALL BE AVAILABLE FOR PUBLIC INSPECTION AT THE OFFICE  OF
CHILDREN AND FAMILY SERVICES OR BY OTHER MEANS OF PUBLICATION, INCLUDING
THE INTERNET.
  5.  A  DISCLOSURE  MADE  BY  THE  COMMISSIONER  OF CHILDREN AND FAMILY
SERVICES IN A GOOD FAITH EFFORT TO COMPLY WITH THIS SECTION MAY  NOT  BE
CONSIDERED A VIOLATION OF ANY CONFIDENTIALITY LAWS.
  S 361-A. DEADBEATS  MOST  WANTED  WORLDWIDE  WEB PAGE.   THE OFFICE OF
CHILDREN AND FAMILY SERVICES SHALL CREATE AND MAINTAIN OR  CAUSE  TO  BE
CREATED AND MAINTAINED ONE OR MORE WORLDWIDE WEB PAGES CONTAINING INFOR-
MATION ON SELECTED INDIVIDUALS WHO ARE IN ARREARS IN THEIR CHILD SUPPORT
OBLIGATIONS  UNDER  A  NEW YORK COURT ORDER OR ADMINISTRATIVE ORDER. THE
INFORMATION REGARDING EACH OF THE INDIVIDUALS SHALL INCLUDE THE INDIVID-
UAL'S NAME, A PHOTOGRAPH IF AVAILABLE, THE AMOUNT OF THE  CHILD  SUPPORT
ARREARAGE, AND ANY OTHER INFORMATION DEEMED APPROPRIATE BY THE OFFICE OF
CHILDREN  AND  FAMILY SERVICES IN ITS DISCRETION. THE INDIVIDUALS MAY BE
CHOSEN BY THE OFFICE OF CHILDREN  AND  FAMILY  SERVICES  USING  CRITERIA
INCLUDING,  BUT  NOT LIMITED TO, THE AMOUNT OF THE ARREARAGE, THE EFFECT
OF INCLUSION OF AN INDIVIDUAL UPON THE LIKELIHOOD  OF  THE  INDIVIDUAL'S
PAYMENT  OF  AN  ARREARAGE, THE MOTIVATIONAL EFFECT THAT INCLUSION OF AN
INDIVIDUAL MAY HAVE ON THE WILLINGNESS OF OTHER INDIVIDUALS TO PAY THEIR
ARREARAGES, OR THE NEED TO LOCATE A PARTICULAR INDIVIDUAL. THE OFFICE OF
CHILDREN AND FAMILY SERVICES SHALL MAKE THE PAGE OR PAGES ACCESSIBLE  TO
INTERNET  USERS  THROUGH  THE WORLDWIDE WEB.  THE OFFICE OF CHILDREN AND
FAMILY SERVICES, IN ITS DISCRETION, MAY CHANGE THE CONTENTS OF THE  PAGE
OR PAGES FROM TIME TO TIME.
  BEFORE  INCLUDING  INFORMATION ON THE WORLDWIDE WEB PAGE CONCERNING AN
INDIVIDUAL WHO OWES PAST DUE SUPPORT, THE OFFICE OF CHILDREN AND  FAMILY
SERVICES  SHALL PROVIDE THE INDIVIDUAL WITH NOTICE AND AN OPPORTUNITY TO
BE HEARD.
  S 2. The family court act is amended by adding a new  section  159  to
read as follows:
  S  159.  CHILD  SUPPORT INFORMATION.   THE CLERKS OF THE FAMILY COURTS
MAY, UPON REQUEST, COOPERATE WITH AND SUPPLY INFORMATION TO COUNTIES AND
MUNICIPALITIES WISHING  TO  CREATE  AND  MAINTAIN  WORLDWIDE  WEB  PAGES
CONTAINING  INFORMATION ON INDIVIDUALS WHO ARE IN ARREARS IN THEIR CHILD
SUPPORT OBLIGATIONS AND HAVE BEEN FOUND TO BE IN CONTEMPT OF COURT AS  A
RESULT OF THE EXISTENCE OF THAT ARREARAGE.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.