What's happening
This bill requires social services districts to stop paternity or child support order actions when good cause for non-cooperation is established by aid applicants or recipients.
Why it matters
Protects domestic violence survivors and others with legitimate safety concerns. by ensuring they are not forced to pursue paternity or child support actions that could put them or their children at risk.
Reduces administrative burden and stress on aid applicants. who have established "good cause" for non-cooperation, such as fear of harm or other valid reasons, streamlining the aid process for vulnerable families.
Aligns local practices with federal and state regulations. by making it explicit that social services districts must halt paternity or support establishment when good cause is found, closing potential loopholes in enforcement.
May improve access to public assistance. for applicants who previously might have been deterred from seeking help due to fear of mandated paternity or support actions, thus supporting child and family welfare.
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Who cares
Aid to dependent children applicants and recipients
The bill would bar social services districts from pursuing paternity or a child support order when an applicant or recipient has established good cause to refuse to cooperate.
Safety net assistance applicants and recipients
The bill would add the same prohibition to safety net assistance rules, beyond the existing good-cause exemption from cooperation requirements.
Local social services districts
Districts would have to take no action to establish paternity or a child support order in cases where good cause to refuse cooperation has been established.
Headline styles
Protect Parents With Good Cause
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to social services
- Referred to social services
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
743
2025-2026 Regular Sessions
IN ASSEMBLY (Prefiled)
January 8, 2025
Introduced by M. of A. HEVESI -- read once and referred to the Committee on Social Services
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
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 349-b of the social services law is amended by adding a new subdivision 3 to read as follows:
3. When the applicant or recipient has established good cause to refuse to cooperate, the social services district shall take no action to establish paternity or a child support order.
§ 2. Subdivision 6 of section 158 of the social services law, as amended by section 4 of part Z of chapter 57 of the laws of 2008, is amended to read as follows:
6. In addition to other eligibility requirements, each person who is applying for or receiving assistance under this title, and who is otherwise eligible for assistance under this title, shall be required, as a further condition of eligibility for such assistance:
(i) to assign to the state and the social services district any rights to support that accrue during the period that a family receives safety net assistance from any other person as such applicant or recipient may have either on their own behalf or on behalf of any other family member for whom the applicant or recipient is applying for or receiving assistance; [and]
(ii) to cooperate with the state and the social services official, in accordance with standards established by regulations of the office of temporary and disability assistance consistent with federal law and regulations, in establishing the paternity of a child born out-of-wedlock for whom assistance under this title is being applied for or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01351-01-5
received, in their efforts to locate any absent parent and in obtaining support payments or any other payments or property due such person and due each child for whom assistance under this title is being applied for or received, except that an applicant or recipient shall not be required to cooperate in such efforts in cases in which the social services official has determined, in accordance with criteria, including the best interests of the child, as established by regulations of the office of temporary and disability assistance consistent with federal law and regulations, that such applicant or recipient has good cause to refuse to cooperate. Each social services district shall inform applicants for and recipients of safety net assistance required to cooperate with the state and local social services officials pursuant to the provisions of this paragraph, that where a proceeding to establish paternity has been filed, and the allegation of paternity has been denied by the respondent, there shall be a stay of all paternity proceedings and related social services district proceedings until sixty days after the birth of the child. Such applicants and recipients shall also be informed that public assistance and care shall not be denied during a stay on the basis of refusal to cooperate pursuant to the provisions of this paragraph[.]; and
(iii) when the applicant or recipient has established good cause to refuse to cooperate, the social services district shall take no action to establish paternity or a child support order.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.