N.Y. Family Court Act § 439-a: Expedited process

§ 439-a. Expedited process. (a) When used in this section, expedited

process means a process in effect in the family court which reduces the

processing time of support order establishment and enforcement efforts

from the date of successful service of process on the respondent to the

date on which a support obligation or enforcement order is entered, the

petition is voluntarily withdrawn or the petition is dismissed on the

merits or for lack of jurisdiction of the respondent, by the referral of

proceedings to hearing examiners appointed and qualified under section

four hundred thirty-nine of this article and exercising the powers set

forth in such section.

(b) The chief administrator shall assign a sufficient number of

support magistrates to ensure that such expedited process shall conform

to the requirements of such case processing as set forth in federal

statutes and regulations promulgated by the federal secretary of health

and human services.

(c) The use of an expedited process shall be required (i) in any

county which has a population of four hundred thousand or more or which

is wholly within a city and (ii) in any county which has a population of

less than four hundred thousand and for which the state has not been

granted an exemption from the federal expedited process required by

federal statutes and regulations of the federal secretary of health and

human services.

(d) The chief administrator of the courts may request of the state

commissioner of social services that an exemption from use of an

expedited process as required by this section and section four hundred

thirty-nine of this article in counties which are not wholly within a

city and which have a population of less than four hundred thousand be

applied for from the federal secretary of health and human services

pursuant to federal statutes and regulations providing for waivers from

the federal expedited process requirements. The chief administrator of

the courts shall, upon making such a request, provide such information

in the possession of the office of court administration which supports

an exemption from use of an expedited process to the state commissioner

of social services. Upon receipt of such a request from the chief

administrator of the courts, the state commissioner of social services

with the approval of the local commissioner of social services may apply

to the federal secretary of health and human services for exemption from

use of an expedited process. If application for such exemption is made,

the state commissioner of social services shall, promptly upon receiving

notification from the federal department of health and human services,

inform the chief administrator of the courts and the local commissioners

of social services of the granting or denial of any such application.