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

BILL NUMBER:S1435A

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 a child care subsidy; and providing for the repeal of such provisions upon expiration thereof

Summary of provisions

The bill adds a new section 501-i to executive law to require that the office of children and family services (OCFS), in collaboration with the office of temporary and disability assistance, report to the temporary president of the senate, the speaker of the assembly, the chair of the senate committee on social services, children and families and the chair of the assembly committee on children and families concerning good cause for refusal to cooperate with the requirements of regulation 18 NYCRR 415.3(c), and any other regulation or directive affecting the requirement that such good cause be established as to why the individual is not pursuing child support from the non-custodial parent(s) either through the social services district's child support enforcement program or through other legal means.

The report is due as soon as possible but in any case not later than May 29, 2013. Such report shall provide information on the following for the preceding calendar year, or for the nearest measurable twelve month period. The several items delineated for the report will provide a picture of the reasons why individuals are or are not cooperating with the directive, and whether cooperation creates hardship.

Justification

There have been very serious allegations made for the past several years that the requirement in current State processes that low income custodial parents 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 a child care subsidy, constitutes such an extreme disincentive to many individuals in need of such assistance and as such fail to pursue needed assistance. The purpose of this bill is to obtain information as speedily as possible from the state agencies involved in order to take appropriate action.

Prior legislative history

S.8170: 2007-08 Referred to Social Services, Children & Families, Passed Senate S.2011: 2009-10 Referred to Children & Families

Fiscal implications

None.

Effective date

This act shall take effect immediately and shall expire and be deemed repealed April 1, 2014.