Legislation
SECTION 132-A
Children born out of wedlock; special provisions
Social Services (SOS) CHAPTER 55, ARTICLE 5, TITLE 1
§ 132-a. Children born out of wedlock; special provisions. 1. When an
investigation is required by section one hundred thirty-two and other
provisions of this chapter for the purpose of determining the
eligibility for public assistance and care of an applicant pregnant with
or who is the mother of an out of wedlock child such investigation shall
include diligent inquiry into the paternity of such child.
2. Except when the surrender of the child to the social services
official for the purpose of adoption is under consideration in
accordance with the provisions of section one hundred thirty-two, and
except when the child has been surrendered to the social services
official for the purpose of adoption, the social services official shall
communicate with and require support from any person liable by law to
contribute to the support of such applicant or her child.
3. In appropriate cases, such applicant shall be required to file a
petition in the family court instituting proceedings to determine the
paternity of her child, and she shall be required to assist and
cooperate in establishing such paternity. However, such a petition shall
not be required to be filed if the child has been surrendered to the
social services official for adoption or if such surrender is under
consideration in accordance with the provisions of section one hundred
thirty-two.
4. In any case where the social services official has decided, in
accordance with the provisions of section one hundred thirty-two, not to
conduct an investigation, a written report of such decision and the
basis therefor shall be made in duplicate to the department, upon forms
prescribed by the department, within thirty days after the making
thereof.
investigation is required by section one hundred thirty-two and other
provisions of this chapter for the purpose of determining the
eligibility for public assistance and care of an applicant pregnant with
or who is the mother of an out of wedlock child such investigation shall
include diligent inquiry into the paternity of such child.
2. Except when the surrender of the child to the social services
official for the purpose of adoption is under consideration in
accordance with the provisions of section one hundred thirty-two, and
except when the child has been surrendered to the social services
official for the purpose of adoption, the social services official shall
communicate with and require support from any person liable by law to
contribute to the support of such applicant or her child.
3. In appropriate cases, such applicant shall be required to file a
petition in the family court instituting proceedings to determine the
paternity of her child, and she shall be required to assist and
cooperate in establishing such paternity. However, such a petition shall
not be required to be filed if the child has been surrendered to the
social services official for adoption or if such surrender is under
consideration in accordance with the provisions of section one hundred
thirty-two.
4. In any case where the social services official has decided, in
accordance with the provisions of section one hundred thirty-two, not to
conduct an investigation, a written report of such decision and the
basis therefor shall be made in duplicate to the department, upon forms
prescribed by the department, within thirty days after the making
thereof.