Bill Text: NY S01435 | 2011-2012 | General Assembly | Introduced

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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) 2012-01-18 - PRINT NUMBER 1435A [S01435 Detail]

Download: New_York-2011-S01435-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1435
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    January 7, 2011
                                      ___________
       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  a  child  care  subsidy;  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 the office of children and family services'
    3  regulations and directives 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 a child care subsidy, constitutes such an extreme disin-
    7  centive  to many individuals in need of such assistance and as such fail
    8  to pursue needed assistance. The legislature finds that this is a  seri-
    9  ous allegation, and declares its intent to obtain information as speedi-
   10  ly  as possible from the state agencies involved in order to take appro-
   11  priate action.
   12    S 2. The executive law is amended by adding a  new  section  501-e  to
   13  read as follows:
   14    S  501-E.  REPORT  CONCERNING  CHILD CARE SUBSIDIES AND GOOD CAUSE FOR
   15  FAILURE TO SEEK CHILD SUPPORT.  1.  THE OFFICE OF  CHILDREN  AND  FAMILY
   16  SERVICES,  IN  COLLABORATION WITH THE OFFICE OF TEMPORARY AND DISABILITY
   17  ASSISTANCE, SHALL SUBMIT A REPORT TO  THE  TEMPORARY  PRESIDENT  OF  THE
   18  SENATE,  THE SPEAKER OF THE ASSEMBLY, THE CHAIR OF THE SENATE COMMITTEES
   19  ON SOCIAL SERVICES, AND CHILDREN AND  FAMILIES  AND  THE  CHAIR  OF  THE
   20  ASSEMBLY  COMMITTEE  ON CHILDREN AND FAMILIES CONCERNING THE INFORMATION
   21  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.
                                                                  LBD04642-01-1
       S. 1435                             2
    1  REGULATION  18  NYCRR  415.3(C),  AND  ANY OTHER REGULATION OR DIRECTIVE
    2  AFFECTING THE REQUIREMENT THAT SUCH GOOD CAUSE BE ESTABLISHED,  AS  SOON
    3  AS  POSSIBLE  BUT IN ANY CASE NOT LATER THAN MAY TWENTY-NINTH, TWO THOU-
    4  SAND TWELVE.  SUCH REPORT SHALL PROVIDE INFORMATION ON THE FOLLOWING FOR
    5  THE  PRECEDING CALENDAR YEAR, OR FOR THE NEAREST MEASURABLE TWELVE MONTH
    6  PERIOD, INCLUDING, BUT NOT LIMITED TO:
    7    (A) THE NUMBER OF APPLICANTS FOR CHILD CARE SUBSIDY ASSISTANCE;
    8    (B) THE NUMBER OF DENIALS FOR A CHILD CARE SUBSIDY;
    9    (C) THE NUMBER OF APPLICANTS WHO HAVE CLAIMED GOOD CAUSE  FOR  REFUSAL
   10  TO COOPERATE IN SEEKING A CHILD SUPPORT ORDER OR ORDERS;
   11    (D)  THE  NUMBER  OF APPLICANTS FOR WHOM THERE HAS BEEN A FINDING THAT
   12  GOOD CAUSE EXISTS FOR REFUSAL TO COOPERATE;
   13    (E) THE NUMBER OF APPLICANTS FOR WHICH THERE HAS BEEN A  FINDING  THAT
   14  GOOD CAUSE FOR REFUSAL TO COOPERATE DOES NOT EXIST;
   15    (F)  THE  NUMBER  OF APPLICANTS FOR WHOM THE FINDING OF GOOD CAUSE FOR
   16  REFUSAL TO COOPERATE IS DUE TO AN INDICATION OF THE PRESENCE OF DOMESTIC
   17  VIOLENCE;
   18    (G) THE NUMBER OF APPLICANTS FOR WHOM THE FINDING OF  GOOD  CAUSE  FOR
   19  REFUSAL  TO  COOPERATE  IS  DUE  TO  ANOTHER  REASON OTHER THAN DOMESTIC
   20  VIOLENCE, AND THOSE REASONS;
   21    (H) THE NUMBER OF POTENTIAL APPLICANTS WHO ARE ELIGIBLE FOR CHILD CARE
   22  SUBSIDY ASSISTANCE BUT WHO HAVE (I) FAILED TO COMPLETE THE  APPLICATION,
   23  OR  (II)  FAILED TO APPLY BECAUSE OF THE REQUIREMENT, SUCH FIGURES TO BE
   24  STATED AS SEPARATE CATEGORIES; AND
   25    (I) THE AMOUNT OF CHILD SUPPORT COLLECTED  ON  BEHALF  OF  CHILD  CARE
   26  SUBSIDY   APPLICANTS,  INCLUDING,  AND  STATED  SEPARATELY,  THE  AMOUNT
   27  COLLECTED IN CASES IN WHICH THE APPLICANT'S OR  RECIPIENT'S  COOPERATION
   28  WITH THE REGULATION WAS NOT REQUIRED.
   29    2.  THE  OFFICE OF CHILDREN AND FAMILY SERVICES SHALL DIRECT ALL COUN-
   30  TIES IN THE STATE TO FORWARD  TO  THE  OFFICE  OF  CHILDREN  AND  FAMILY
   31  SERVICES,  WITHIN  THIRTY DAYS OF THE DATE OF THE REQUEST, SUCH INFORMA-
   32  TION AS THE OFFICE OF CHILDREN AND FAMILY SERVICES  DEEMS  NECESSARY  TO
   33  ACCOMPLISH  THE  DIRECTIVES  OF  THIS  SECTION. ALL COUNTIES SO DIRECTED
   34  SHALL COMPLY WITH THE REQUEST.
   35    S 3. This act shall take effect immediately and shall  expire  and  be
   36  deemed repealed April 1, 2013.