N.Y. Comp. Codes R. & Regs. tit. 18 § 369.7

Current through Register Vol. 46, No. 51, December 18, 2024

Section 369.7 - Mandatory referral to local Child Support Enforcement Unit

(a) When a parent or stepparent of a household member under the age of 21 years is absent from the home, or when the paternity of a child is not legally established, the local income maintenance unit must refer the applicant for or recipient of PA to the local child support enforcement unit, except in the case of an applicant or recipient found, pursuant to section 369.2(b)(4) of this Part, to have good cause for refusing to cooperate in establishing the paternity of a child and in establishing, modifying and enforcing a support order for the child. The local income maintenance unit or an appropriate designee must report such cases to the local child support enforcement unit, as specified in section 369.2(b)(6) of this Part.

(b) An applicant must be given the opportunity to apply for child support services at the time of application for PA if the conditions set forth in subdivision (a) of this section exist.

(c) When an applicant or recipient fails, absent good cause, to provide verifiable information on the child support enforcement referral form sufficient to identify and locate the absent parent or putative father, as required by section 369.2(b) of this Part, the local child support enforcement unit must determine whether the applicant or recipient has cooperated in good faith to establish the paternity of the child and to establish, modify and enforce a support order for the child pursuant to section 347.5 of this Title. The local child support enforcement unit must make its determination as to whether the applicant has cooperated, prior to the local income maintenance unit's approval of the application for public assistance.

(d) When an applicant is approved for PA, automatic notification to the local child support enforcement unit must be made within two working days of the issuance of the first grant to a new or reopened case. Such notification must include, in social services districts where available, completion of the child support referral screen on WMS.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 369.7