NY State Senate Bill 2013-S4446B

Senate Bill S4446B

2013-2014 Legislative Session

Directs preparation of report concerning family assistance and requirement to show good cause for failure to seek child support

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 26, 2014	reported and committed to finance
Jan 08, 2014	referred to children and families returned to senate died in assembly
Jun 12, 2013	referred to children and families delivered to assembly passed senate
Jun 11, 2013	ordered to third reading cal.1280 committee discharged and committed to rules
May 20, 2013	reported and committed to finance
May 16, 2013	print number 4446b
May 16, 2013	amend (t) and recommit to children and families
May 06, 2013	print number 4446a
May 06, 2013	amend (t) and recommit to children and families
Apr 01, 2013	referred to children and families

Votes

- Jun 12, 2013 - Floor Vote
  S4446B
  
  57
  
  Aye
  
  0
  
  Nay
  
  4
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 12, 2013
      
      aye (57)
      
      Addabbo Jr.
      
      Avella
      
      Ball
      
      Boyle
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Gipson
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Libous
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      O'Brien
      
      O'Mara
      
      Parker
      
      Peralta
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tkaczyk
      
      Valesky
      
      Young
      
      Zeldin
      
      absent (4)
      
      Adams
      
      Bonacic
      
      Hannon
      
      Sampson
      
      excused (2)
      
      Perkins
      
      Ranzenhofer
  Jun 11, 2013 - Rules Committee Vote
  S4446B
  
  22
  
  Aye
  
  1
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 11, 2013
      
      aye (22)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Hannon
      
      Hassell-Thompson
      
      LaValle
      
      Larkin
      
      Libous
      
      Marcellino
      
      Maziarz
      
      Nozzolio
      
      Parker
      
      Perkins
      
      Seward
      
      Skelos
      
      Stewart-Cousins
      
      Valesky
      
      nay (1)
      
      Krueger
      
      aye wr (2)
      
      Gianaris
      
      Montgomery
  Feb 26, 2014 - Children And Families Committee Vote
  S4446B
  
  5
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Children And Families Committee Vote: Feb 26, 2014
      
      aye (5)
      
      Bonacic
      
      Felder
      
      Savino
      
      Tkaczyk
      
      Young
      
      aye wr (1)
      
      Montgomery
  May 20, 2013 - Children And Families Committee Vote
  S4446B
  
  5
  
  Aye
  
  1
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Children And Families Committee Vote: May 20, 2013
      
      aye (5)
      
      Bonacic
      
      Felder
      
      Savino
      
      Tkaczyk
      
      Young
      
      nay (1)
      
      Montgomery

Bill Amendments

Original

B (Active)

2013-S4446 - Details

Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add §361, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2011
2011-2012: S1435

2013-S4446 - Summary

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.

2013-S4446 - Sponsor Memo

                                BILL NUMBER:S4446

TITLE OF BILL:  An act to amend the executive law, in relation to
directing the office of children and family services and 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 receiving family
assistance; and providing for the repeal of such provisions upon
expiration thereof

PURPOSE:

The purpose of this bill is to shed light on the certain eligibility
requirements related to the family assistance program, in particular
the effect that the requirement to seek child support has on the
number of applications made.

SUMMARY OF PROVISIONS:

The bill adds a new section 501-i to the Executive Law to require that
the Office of Children and Family Services (OCFS) to provide a report
to the Legislature concerning information related to good cause for
failure to cooperate with the certain conditions for receiving family
assistance. These conditions relate the applicant's efforts to locate
an absent parent, and to obtain support parents from such parent. The
bill requires this report to contain data indicating the number of

applications for family assistance; the number of those applications
denied; the number of those applicants for whom there has been a
finding that good cause for refusal to cooperate exists; and other
relevant data. The bill provides that this report shall be due no
later than December 30, 2015.

JUSTIFICATION:

State law requires that low income custodial parents actively seek
child support from their child's non-custodial parent, or show good
cause as to why he or she cannot seek child support, as a condition of
eligibility for a child care subsidy. Some allege that this
requirement constitutes such an extreme disincentive to individuals in
need of assistance that many decline to seek it at all. This bill
seeks to answer these allegations by providing the Legislature with
information as to the number of applicants for child care subsidy
assistance; the number of those applicants who claim good cause for
not cooperating with the eligibility requirement; and other relevant
data.

LEGISLATIVE HISTORY:  S.1435A of 2012 - Referred to Children and
Families
S.2011 of 2010 -  Referred to Children and Families
S.8170 of 2008 - Passed Senate 2008

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:


This act shall take effect immediately and shall expire and be deemed
repealed April 1, 2015.

2013-S4446 - Bill Text download pdf

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

                                  4446

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              April 1, 2013
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and Families

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 family assistance; and  provid-
  ing 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:

  Section 1. Legislative findings.   The legislature hereby  finds  that
certain  parties allege that the office of children and family services'
regulations and directives requiring low  income  custodial  parents  to
actively  seek  child  support  from  non-custodial parents or show good
cause as to why he or she cannot seek child support, as a  condition  of
eligibility  for family assistance, constitute such an extreme disincen-
tive to many individuals in need of such assistance  and  as  such  they
fail  to  pursue needed assistance. The legislature finds that this is a
serious allegation, and declares its intent  to  obtain  information  as
speedily  as  possible from the state agencies involved in order to take
appropriate action.
  S 2. The executive law is amended by adding a  new  section  501-i  to
read as follows:
  S  501-I. REPORT CONCERNING FAMILY ASSISTANCE AND GOOD CAUSE FOR FAIL-
URE TO SEEK CHILD SUPPORT.   1.   THE  OFFICE  OF  CHILDREN  AND  FAMILY
SERVICES,  IN  COLLABORATION WITH THE OFFICE OF TEMPORARY AND DISABILITY
ASSISTANCE, SHALL SUBMIT A REPORT TO  THE  TEMPORARY  PRESIDENT  OF  THE
SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIRS OF THE SENATE COMMITTEES
ON  SOCIAL  SERVICES,  AND  CHILDREN  AND  FAMILIES AND THE CHAIR OF THE
ASSEMBLY COMMITTEE  ON  CHILDREN  AND  FAMILIES  CONCERNING  INFORMATION
RELATED  TO GOOD CAUSE FOR REFUSAL TO COOPERATE WITH THE REQUIREMENTS OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07252-04-3

S. 4446                             2

PARAGRAPH (II) OF SUBDIVISION SIX OF SECTION ONE HUNDRED FIFTY-EIGHT  OF
THE  SOCIAL  SERVICES LAW AND THE REGULATIONS PROMULGATED THEREUNDER, IN
CONNECTION WITH APPLICATIONS FOR FAMILY SUPPORT PURSUANT TO TITLE TEN OF
ARTICLE  FIVE OF THE SOCIAL SERVICES LAW. SUCH REPORT SHALL BE SUBMITTED
AS  SOON  AS  POSSIBLE  BUT  IN  ANY  CASE  NOT  LATER   THAN   DECEMBER
THIRTY-FIRST, TWO THOUSAND FOURTEEN.  SUCH REPORT SHALL PROVIDE INFORMA-
TION  ON THE FOLLOWING FOR THE PRECEDING CALENDAR YEAR, OR FOR THE NEAR-
EST MEASURABLE TWELVE MONTH PERIOD, INCLUDING, BUT NOT LIMITED TO:
  (A) THE NUMBER OF APPLICANTS FOR FAMILY ASSISTANCE;
  (B) THE NUMBER OF DENIALS FOR FAMILY ASSISTANCE;
  (C) THE NUMBER OF APPLICANTS WHO HAVE CLAIMED GOOD CAUSE  FOR  REFUSAL
TO COOPERATE IN SEEKING A CHILD SUPPORT ORDER OR ORDERS;
  (D)  THE  NUMBER  OF APPLICANTS FOR WHOM THERE HAS BEEN A FINDING THAT
GOOD CAUSE EXISTS FOR REFUSAL TO COOPERATE;
  (E) THE NUMBER OF APPLICANTS FOR WHICH THERE HAS BEEN A  FINDING  THAT
GOOD CAUSE FOR REFUSAL TO COOPERATE DOES NOT EXIST;
  (F)  THE  NUMBER  OF APPLICANTS FOR WHOM THE FINDING OF GOOD CAUSE FOR
REFUSAL TO COOPERATE IS DUE TO AN INDICATION OF THE PRESENCE OF DOMESTIC
VIOLENCE; AND
  (G) THE NUMBER OF APPLICANTS FOR WHOM THE FINDING OF  GOOD  CAUSE  FOR
REFUSAL  TO  COOPERATE  IS  DUE  TO  ANOTHER  REASON OTHER THAN DOMESTIC
VIOLENCE, AND THOSE REASONS.
  2. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL DIRECT  ALL  COUN-
TIES  IN  THE  STATE  TO  FORWARD  TO  THE OFFICE OF CHILDREN AND FAMILY
SERVICES, WITHIN THIRTY DAYS OF THE DATE OF THE REQUEST,  SUCH  INFORMA-
TION  AS  THE  OFFICE OF CHILDREN AND FAMILY SERVICES DEEMS NECESSARY TO
ACCOMPLISH THE DIRECTIVES OF THIS  SECTION.  ALL  COUNTIES  SO  DIRECTED
SHALL COMPLY WITH THE REQUEST.
  S  3.  This  act shall take effect immediately and shall expire and be
deemed repealed April 1, 2015.

2013-S4446A - Details

Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add §361, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2011
2011-2012: S1435

2013-S4446A - Summary

2013-S4446A - Sponsor Memo

                                BILL NUMBER:S4446A

TITLE OF BILL:  An act to amend the executive 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
receiving family assistance; and providing for the repeal of such
provisions upon expiration thereof

PURPOSE:

The purpose of this bill is to shed light on the certain eligibility
requirements related to the family assistance program, in particular
the effect that the requirement to seek child support has on the
number of applications made.

SUMMARY OF PROVISIONS:

The bill adds a new section 501-i to the Executive Law to require the
Office of Temporary and Disability Assistance to provide a report to
the Legislature concerning information related to good cause for
failure to cooperate with the certain conditions for receiving family
assistance. These conditions relate the applicant's efforts to locate
an absent parent, and to obtain support parents from such parent. The
bill requires this report to contain data indicating the number of
applications for family assistance; the number of individuals who

appear to be eligible to apply for family assistance; the number of
those applications denied; the number of those applicants for whom
there has been a finding that good cause for refusal to cooperate
exists; and other relevant data. The bill provides that this report
shall be due no later than December 31, 2015.

JUSTIFICATION:

State law requires that low income custodial parents actively seek
child support from their child's non-custodial parent, or show good
cause as to why he or she cannot seek child support, as a condition of
eligibility for receiving family assistance. It has been alleged that
this requirement constitutes such an extreme disincentive to
individuals in need of assistance that many decline to seek it at all.
This bill seeks to answer these allegations by providing the
Legislature with information as to the number of applicants for child
care subsidy assistance, the number of those applicants who claim good
cause for not cooperating with the eligibility requirement, and other
relevant data.

LEGISLATIVE HISTORY:

S.1435A of 2012 - Referred to Children and Families
S.2011 of 2010 -  Referred to Children and Families
S.8170 of 2008 - Passed Senate 2008

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:


This act shall take effect immediately and shall expire and be deemed
repealed April 1, 2015.

2013-S4446A - Bill Text download pdf

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

                                 4446--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              April 1, 2013
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and  Families  --
  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  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 receiving family
  assistance; and providing for the repeal of such provisions upon expi-
  ration thereof

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

  Section  1.  Legislative findings.   The legislature hereby finds that
certain parties allege that  the  office  of  temporary  and  disability
assistance's  regulations  and directives requiring low income custodial
parents to actively seek child support  from  non-custodial  parents  or
show  good  cause  as  to  why he or she cannot seek child support, as a
condition of eligibility  for  family  assistance,  constitute  such  an
extreme  disincentive to many individuals in need of such assistance and
as such they fail to pursue needed  assistance.  The  legislature  finds
that  this  is  a  serious allegation, and declares its intent to obtain
information as speedily as possible from the state agencies involved  in
order to take appropriate action.
  S  2.  The  executive  law is amended by adding a new section 501-i to
read as follows:
  S 501-I. REPORT CONCERNING FAMILY ASSISTANCE AND GOOD CAUSE FOR  FAIL-
URE  TO  SEEK CHILD SUPPORT.  1.  THE OFFICE OF TEMPORARY AND DISABILITY
ASSISTANCE, SHALL SUBMIT A REPORT TO  THE  TEMPORARY  PRESIDENT  OF  THE
SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIRS OF THE SENATE COMMITTEES
ON  SOCIAL  SERVICES,  AND  CHILDREN  AND  FAMILIES AND THE CHAIR OF THE
ASSEMBLY COMMITTEE  ON  CHILDREN  AND  FAMILIES  CONCERNING  INFORMATION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07252-05-3

S. 4446--A                          2

RELATED  TO GOOD CAUSE FOR REFUSAL TO COOPERATE WITH THE REQUIREMENTS OF
PARAGRAPH (II) OF SUBDIVISION SIX OF SECTION ONE HUNDRED FIFTY-EIGHT  OF
THE  SOCIAL  SERVICES LAW AND THE REGULATIONS PROMULGATED THEREUNDER, IN
CONNECTION WITH APPLICATIONS FOR FAMILY SUPPORT PURSUANT TO TITLE TEN OF
ARTICLE  FIVE OF THE SOCIAL SERVICES LAW. SUCH REPORT SHALL BE SUBMITTED
AS  SOON  AS  POSSIBLE  BUT  IN  ANY  CASE  NOT  LATER   THAN   DECEMBER
THIRTY-FIRST,  TWO THOUSAND FIFTEEN.  SUCH REPORT SHALL PROVIDE INFORMA-
TION ON THE FOLLOWING FOR THE PRECEDING CALENDAR YEAR, OR FOR THE  NEAR-
EST MEASURABLE TWELVE MONTH PERIOD, INCLUDING, BUT NOT LIMITED TO:
  (A)  THE NUMBER OF INDIVIDUALS THAT APPEAR TO BE ELIGIBLE TO APPLY FOR
FAMILY ASSISTANCE;
  (B) THE NUMBER OF APPLICANTS FOR FAMILY ASSISTANCE;
  (C) THE NUMBER OF DENIALS FOR FAMILY ASSISTANCE;
  (D) THE NUMBER OF APPLICANTS WHO HAVE CLAIMED GOOD CAUSE  FOR  REFUSAL
TO COOPERATE IN SEEKING A CHILD SUPPORT ORDER OR ORDERS;
  (E)  THE  NUMBER  OF APPLICANTS FOR WHOM THERE HAS BEEN A FINDING THAT
GOOD CAUSE EXISTS FOR REFUSAL TO COOPERATE;
  (F) THE NUMBER OF APPLICANTS FOR WHICH THERE HAS BEEN A  FINDING  THAT
GOOD CAUSE FOR REFUSAL TO COOPERATE DOES NOT EXIST;
  (G)  THE  NUMBER  OF APPLICANTS FOR WHOM THE FINDING OF GOOD CAUSE FOR
REFUSAL TO COOPERATE IS DUE TO AN INDICATION OF THE PRESENCE OF DOMESTIC
VIOLENCE; AND
  (H) THE NUMBER OF APPLICANTS FOR WHOM THE FINDING OF  GOOD  CAUSE  FOR
REFUSAL  TO  COOPERATE  IS  DUE  TO  ANOTHER  REASON OTHER THAN DOMESTIC
VIOLENCE, AND THOSE REASONS.
  2. THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE SHALL DIRECT  ALL
COUNTIES IN THE STATE TO FORWARD TO THE OFFICE OF TEMPORARY AND DISABIL-
ITY  ASSISTANCE,  WITHIN  THIRTY  DAYS  OF THE DATE OF THE REQUEST, SUCH
INFORMATION AS THE OFFICE OF TEMPORARY AND DISABILITY  ASSISTANCE  DEEMS
NECESSARY  TO ACCOMPLISH THE DIRECTIVES OF THIS SECTION. ALL COUNTIES SO
DIRECTED SHALL COMPLY WITH THE REQUEST.
  S 3. This act shall take effect immediately and shall  expire  and  be
deemed repealed April 1, 2015.

2013-S4446B (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add §361, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2011
2011-2012: S1435

2013-S4446B (ACTIVE) - Summary

2013-S4446B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4446B

TITLE OF BILL:  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 receiving family assistance; and providing for the
repeal of such provisions upon expiration thereof

PURPOSE:

The purpose of this bill is to determine the effect that the Office of
Temporary and Disability Assistance's regulation that requires
applicants for family assistance to seek child support has on the
number of applications made by such applicants.

SUMMARY OF PROVISIONS:

Section two of the bill amends the Social Services Law by adding a new
section 361 that requires the Office of Temporary and Disability
Assistance ("OTDA") to issue a report concerning applicants for family
assistance who are required, Pursuant to OTDA's regulations (18 NYCRR
Part 369), to seek and order of child support as a prerequisite for an
award of family assistance. This report would provide statistical
information including the number of applicants for family assistance,
the number of denied applications, the number of applicants required

to seek an order of child support, the number of applicants that have
good cause not to seek an order of child support, and the number of
denied applications because the applicant could not establish good
cause for failing to seek an order of child support. The report is
required to be issued by December 31, 2015 to the Temporary President
of the Senate, the Speaker of the Assembly, the respective Chairs of
the Senate Committees on Children and Families, and Social Services,
and the respective Chairs of the Assembly Committees on Children and
Families, and Aging,

Section three of this bill provides that this act shall take effect
immediately and be deemed repealed April 1, 2016.

JUSTIFICATION:

State law requires that low income custodial parents actively seek
child support from their child's non-custodial parent, or show good
cause as to why he or she cannot seek child support, as a condition of
eligibility for receiving family assistance. It has been alleged that
this requirement constitutes such an extreme disincentive that many
affected individuals may decline to seek family assistance. This bill
requires OTDA to provide the Legislature with a report containing
statistical information regarding applicants for family assistance who
are required to seek child support, as well as other statistical
information regarding the family assistance program. The information
that will be provided in this report will enable the Legislature to
make an informed decision regarding the affect that the child support
requirement has on applicants for family assistance.

LEGISLATIVE HISTORY:


Similar to:
2011-2012: S.1435-A - Referred to Children and Families
2009-2010: S.2011 - Referred to Children and Families
2008: S.8170 - Passed the Senate

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect immediately and shall expire and be deemed
repealed April 1, 2016.

2013-S4446B (ACTIVE) - Bill Text download pdf

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

                                 4446--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              April 1, 2013
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and  Families  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- committee discharged,  bill  amended,
  ordered reprinted as amended and recommitted 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 family 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:

  Section  1.  Legislative findings.   The legislature hereby finds that
certain parties allege that  the  office  of  temporary  and  disability
assistance's  regulations  and directives requiring low income custodial
parents to actively seek child support  from  non-custodial  parents  or
show  good  cause  as  to  why he or she cannot seek child support, as a
condition of eligibility  for  family  assistance,  constitute  such  an
extreme disincentive to many individuals in need of such assistance and,
thus,  they fail to pursue needed assistance. The legislature finds that
this is a serious allegation, and declares its intent to obtain informa-
tion as speedily as possible from the state agencies involved  in  order
to take appropriate action.
  S 2. The social services law is amended by adding a new section 361 to
read as follows:
  S  361. REPORT CONCERNING FAMILY ASSISTANCE AND GOOD CAUSE FOR FAILURE
TO SEEK CHILD SUPPORT.   1.   THE OFFICE  OF  TEMPORARY  AND  DISABILITY
ASSISTANCE,  SHALL  SUBMIT  A  REPORT  TO THE TEMPORARY PRESIDENT OF THE
SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIRS OF THE SENATE COMMITTEES
ON SOCIAL SERVICES, AND CHILDREN AND FAMILIES  AND  THE  CHAIRS  OF  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07252-09-3

S. 4446--B                          2

ASSEMBLY COMMITTEES ON CHILDREN AND FAMILIES AND AGING CONCERNING INFOR-
MATION  RELATED  TO  GOOD  CAUSE FOR REFUSAL TO COOPERATE WITH THE REGU-
LATIONS PROMULGATED IN ACCORDANCE WITH SECTION THREE HUNDRED  FIFTY-FIVE
OF  THIS  TITLE,  IN  CONNECTION WITH APPLICATIONS FOR FAMILY ASSISTANCE
REQUIRING APPLICANTS TO SEEK  CHILD  SUPPORT.    SUCH  REPORT  SHALL  BE
SUBMITTED  AS  SOON  AS POSSIBLE BUT IN ANY CASE NOT LATER THAN DECEMBER
THIRTY-FIRST, TWO THOUSAND FIFTEEN.  SUCH REPORT SHALL PROVIDE  INFORMA-
TION  ON THE FOLLOWING FOR THE PRECEDING CALENDAR YEAR, OR FOR THE NEAR-
EST MEASURABLE TWELVE MONTH PERIOD, INCLUDING, BUT NOT LIMITED TO:
  (A) THE NUMBER OF APPLICANTS FOR FAMILY ASSISTANCE;
  (B) THE NUMBER OF DENIALS FOR FAMILY ASSISTANCE;
  (C) THE NUMBER OF APPLICANTS REQUIRED TO SEEK A CHILD SUPPORT ORDER;
  (D) THE NUMBER OF APPLICANTS WITH ONE OR  MORE  CHILDREN  FOR  WHOM  A
CHILD  SUPPORT  ORDER  HAS BEEN ENTERED BUT HAS NOT BEEN ENFORCED BY THE
OFFICE;
  (E) THE NUMBER OF APPLICANTS WHO HAVE CLAIMED GOOD CAUSE  FOR  REFUSAL
TO COOPERATE IN SEEKING A CHILD SUPPORT ORDER OR ORDERS;
  (F)  THE  NUMBER  OF APPLICANTS FOR WHOM THERE HAS BEEN A FINDING THAT
GOOD CAUSE EXISTS FOR REFUSAL TO COOPERATE;
  (G) THE NUMBER OF APPLICANTS FOR WHICH THERE HAS BEEN A  FINDING  THAT
GOOD CAUSE FOR REFUSAL TO COOPERATE DOES NOT EXIST;
  (H)  THE  NUMBER  OF APPLICANTS FOR WHOM THE FINDING OF GOOD CAUSE FOR
REFUSAL TO COOPERATE IS DUE TO AN INDICATION OF THE PRESENCE OF DOMESTIC
VIOLENCE; AND
  (I) THE NUMBER OF APPLICANTS FOR WHOM THE FINDING OF  GOOD  CAUSE  FOR
REFUSAL  TO  COOPERATE  IS  DUE  TO  ANOTHER  REASON OTHER THAN DOMESTIC
VIOLENCE, AND THOSE REASONS.
  2. THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE SHALL DIRECT  ALL
COUNTIES IN THE STATE TO FORWARD TO THE OFFICE OF TEMPORARY AND DISABIL-
ITY  ASSISTANCE,  WITHIN  THIRTY  DAYS  OF THE DATE OF THE REQUEST, SUCH
INFORMATION AS THE OFFICE OF TEMPORARY AND DISABILITY  ASSISTANCE  DEEMS
NECESSARY  TO ACCOMPLISH THE DIRECTIVES OF THIS SECTION. ALL COUNTIES SO
DIRECTED SHALL COMPLY WITH THE REQUEST.
  S 3. This act shall take effect immediately and shall  expire  and  be
deemed repealed April 1, 2016.

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