BILL NUMBER: S2586

SPONSOR: BRISPORT
 
TITLE OF BILL:

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

 
SUMMARY OF PROVISIONS:

Section 1 amends 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.

 
JUSTIFICATION:

In New York State, approximately 195,000 children live with kin (grand-
parents, relatives, and family friends). Less than 5,000 are in kinship
foster care. For kinship families who are not foster families, New York
offers a special Temporary Assistance to Needy Families public financial
              

assistance benefit. This benefit is officially termed a "Non-Parent"
grant, but more commonly referred to as a "child only" grant. The phras-
es aptly describe the eligibility rules. It is available to children who
are living with non-parents, i.e. kinship caregivers, and "only" when
the child's income and resources do not exceed the budgeting rules.
Since most kinship children do not have income and resources, most are
eligible. See OTDA-05-INF-24 "Temporary Assistance Policy: Non-parent
Caregiver Cases and Temporary Assistance (TA)."

As of August 2018, according to Office of Temporary and Disability
Assistance statistics, 23,519 children were receiving the. grant.  While
the number is a fraction of the total kinship children, it is consistent
with the national average of 12' of eligible children receiving the
grant.

The low percentage points out the need for outreach and facilitated
access so that more eligible children can receive the grant. One barrier
to access is that kinship caregivers who apply for the grant must agree
to cooperate with the local district in seeking support from absent
parents. Given the fact that most kinship care occurs when parents are
unable to parent because of drug/alcohol abuse, mental illness, incar-
ceration, or neglect and that kinship families outside of foster care
are "on their own" in managing relationships with absent parents, the
Office of Temporary and Disability Assistance developed special guidance
for counties as to when kin could claim an exemption from cooperation
with support. 08-INF-16 offers typical situations when kin are exempt,
including "special considerations related to emotional harm.":

   "Mrs. Green's 6-year-old nephew, James, lives with her and her
    family. The Greens do not have custody or guardianship of
    James, but took him in when his mother, an alcoholic, dropped
    him off at their house 10 months ago. When his mother dropped
    James off he had lice infestation, was malnourished and had only
    the clothes he was wearing. Since that time his mother has not
    seen James, has been in and out of inpatient facilities and
    although she is now employed, continues to abuse alcohol. Mrs.
    Green has applied for TA for James and has asked to claim good
    cause due to emotional harm. The good cause claim is being
    requested because Mrs. Green fears that because she does not
    have custody that James' mother will remove him from her
    home and he would be put in an unstable environment."

Caregivers often cite fear that parents will upset the stability and
wellbeing of children when the parents become the subject of support
collection or they may remove children from kinship homes.  Successfully
claiming the exemption, however, does not ensure that the local district
does not seek support. Collection efforts may continue.

An Office of Temporary and Disability Assistance regulation states:

   "A district can proceed to enforce a child support order with-
    out the caregiver's cooperation even when good cause is
    established if the district can do so without risk to the
    child or the caregiver. If the district decides to do this,
    it must notify the caregiver and give her the opportunity
    to close her case. 18 NYCRR 369.2(b)(10)."

According to reports by the Kinship Navigator and the kinship service
providers across the state, upon learning that the count can seek
support despite a successful claim of exemption, caregivers frequently
withdraw their applications for Non-Parent grants. The result is that
qualifying kinship families are unable to access an essential public
benefit.

Given the low utilization and the disproportional number of impoverished
kinship caregivers, the Legislature deems it important to ensure that
kinship families with legitimate claims of good cause receive the
grants. There is simply no reason for counties to independently pursue
support collection when there is a harm or potential harm to caregivers
and children in their care.

For these reasons, local districts should be prohibited from seeking to
collect child support from parents when an applicant for public assist-
ance can show good cause for exempting their cooperation with support
collection. Good causes include domestic violence and emotional harm to
children and caregivers that would occur if support is pursued. Social
Services Law 349-b should be amended so that proof of good cause should
prohibit collection efforts.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.