N.Y. Social Services Law § 349-b: Deserted, abandoned and out-of-wedlock children; special provisions

§ 349-b. Deserted, abandoned and out-of-wedlock children; special

provisions. 1. In addition to other eligibility requirement 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:

(a) to assign to the state and the social services district any

rights to support such person may have either in his own behalf or in

behalf of any other family member for whom he is applying for or

receiving aid; and

(b) to cooperate with the state and the social services official, in

accordance with standards established by regulations of the department

consistent with federal law, in establishing the paternity of a child

born out-of-wedlock for whom assistance under this title is being

applied for or 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 department consistent with federal law, that such applicant or

recipient has good cause to refuse to cooperate. Each social service

district shall inform applicants for and recipients of family 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, that there shall be a stay of all

paternity proceedings and related local social services 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 the stay on the basis of refusal to cooperate

pursuant to the provisions of this paragraph.

2. The amount of the payments due from the absent parent in meeting

his support obligations under this section shall be the amount of a

current court support order or, in the absence of a court order, if such

parent agrees to meet his support obligation, an amount to be determined

in accordance with a support formula established by the department and

approved by the secretary of the federal department of health, education

and welfare.