N.Y. Comp. Codes R. & Regs. tit. 18 § 347.3

Current through Register Vol. 46, No. 25, June 18, 2024

Section 347.3 - Local district child support enforcement unit

(a) Each social services district must establish a single organizational unit, designated as the "Child Support Enforcement Unit," or "Office of Child Support Enforcement," or other name approved by the DCSS, as defined in section 347.1 of this Part, which must be responsible only for that social services district's activities in locating noncustodial parents, alleged parents, and intended parents, establishing parentage, and establishing, modifying, enforcing and collecting support obligations. The unit must be directly responsible to the local commissioner of social services, and must be directed by a full-time employee with administrative and supervisory capability, whose responsibilities are limited to the child support activities set forth in this Part, and/or Part 346 of this Title, and to the supervision of other employees assigned to carry out such activities on a full-time basis. Each social services district will implement procedures to ensure prompt referral of child support and parentage cases to the local child support enforcement unit within two business days of furnishing aid. That unit must be staffed with employees who will perform exclusively the following child support functions:

(1) Receive referrals of all public assistance cases in which the deprivation factor is the continued absence of a parent from the home, as specified in section 369.2 of this Title, and public assistance cases in which parentage of a child has not been legally established from the public assistance unit, and accept applications for child support services from individuals not otherwise eligible, as required by section 347.17 of this Part.

(2) Maintain child support case records which will include all information relating to the case, as required by section 347.18 of this Part.

(3) Maintain a record of all noncustodial parents, alleged parents, and intended parents whose location is unknown and register those individuals with the State Parent Locator Service, as required by section 347.7 of this Part.

(4) Conduct investigations to locate noncustodial parents, alleged parents, and intended parents, as required by section 347.7 of this Part.

(5) Obtain information regarding the income and resources of noncustodial parents, alleged parents, and intended parents as may be necessary to ascertain their ability to support or contribute to the support of their dependents.

(6) In appropriate cases, initiate a court proceeding to establish the legal obligation of the alleged parent or intended parent to support their dependent child or children, as required by section 347.6 of this Part.

(7) Establish the amount of the noncustodial parent's support obligation by obtaining a court order of support, as required by section 347.8 of this Part. In addition, the child support enforcement unit must conduct reviews of such orders, and seek adjustments of such orders as appropriate, pursuant to section 347.8 of this Part.

(8) Ensure that procedures are in effect for the collection and disbursement of support monies, as required by Part 346 of this Title and sections 347.12 and 347.13 of this Part.

(9) Notify the public assistance unit of the amount of any child support collection received, in accordance with section 347.12 of this Part.

(10) Maintain effective controls and procedures to determine whether court orders of support are being complied with and, in cases of noncompliance, take action to enforce such orders, as required by section 347.9 of this Part.

(11) Maintain cooperative or contractual arrangements as applicable with the Family Court, probation department, county attorney or corporation counsel, and law enforcement officials, including written agreements entered into pursuant to section 347.4 of this Part, and provide pertinent information to such officials for the establishment of parentage, the location of noncustodial parents, alleged parents, and intended parents, and the enforcement and collection of support.

(12) Maintain records and prepare such reports as may be required by the Office, pursuant to section 347.18 of this Part.

(13) Notify applicants or recipients who have assigned their support rights to the State and social services district of the time, date and place of any parentage establishment and/or support proceedings involving such applicants or recipients. Such notice must state that the attorney initiating the proceeding represents the social services district.

(14) Information describing available child support services, including the individual's rights and responsibilities, applicable fees, cost recovery and distribution policies, must be provided to applicants for or recipients of public assistance, medical assistance and federally reimbursable foster care maintenance payments, no later than five business days after referral to the child support enforcement unit.

(b) Each local child support enforcement unit (and its agents) shall cooperate with the DCSS as defined in section 347.1 of this Part in its monitoring and review of all local child support functions and activities.

(c) No child support functions may be delegated by the local child support enforcement unit to title IV-A or XX caseworkers who also perform the assistance payments or social services functions under title IV-A or XX. Requests by a sparsely populated county for waiver of this requirement should document a lack of administrative feasibility in not utilizing staff of the IV-A agency and include sufficient reporting and cost allocation methods. Such requests are to be forwarded to the DCSS as defined in section 347.1 of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 347.3

Amended New York State Register September 6, 2017/Volume XXXIX, Issue 36, eff. 9/6/2017

Amended New York State Register August 11, 2021/Volume XLIII, Issue 32, eff. 8/11/2021