N.Y. Social Services Law § 132-a: Children born out of wedlock; special provisions

§ 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.