N.Y. Comp. Codes R. & Regs. tit. 18 § 347.5

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

Section 347.5 - Cooperation determination and claims of good cause for refusal to cooperate

(a) Upon receiving the referral form required to be completed by sections 360-3.2(c), 369.2(b), and 370.9 of this Title from an applicant for or recipient of public assistance or medical assistance, the local child support enforcement unit must:

(1) review the referral form and supporting documentation for completeness and determine if the information provided is sufficient to identify and locate the noncustodial parent, alleged parent, or intended parent;

(2) if the information in paragraph (1) of this subdivision is incomplete, conduct an interview with the applicant or recipient to determine if such information may be obtained;

(3) make a determination as to whether the applicant or recipient has cooperated in good faith in establishing the parentage of the child and in establishing, modifying and enforcing a support order for the child;

(4) provide the applicant or recipient with a notice of its determination as to whether the applicant or recipient has complied with the provisions of paragraph (3) of this subdivision and, if it is determined that the applicant or recipient has not cooperated, as required, the basis therefor; and

(5) provide the local income maintenance unit and medical assistance unit with a notice of its determination as to whether the applicant or recipient has complied with the provisions of paragraph (3) of this subdivision and, if it is determined that the applicant or recipient has not cooperated, as required, the basis therefor.

(b) In addition to the requirements of subdivision (a) of this section, the local child support enforcement unit must review the applicant's or recipient's compliance with the requirements of section 360-3.2(a)-(c), 369.2(b) or 370.2(d)(8) of this Title, and notify the local income maintenance unit and medical assistance unit of any failure to cooperate with such requirements.

(c) Upon receiving notice from the local income maintenance unit, medical assistance unit or an appropriate designee of the social services district that an applicant for or recipient of public assistance or medical assistance has claimed good cause for refusal to cooperate, the local child support enforcement unit must suspend all activities to establish parentage or obtain child support in that case until notified of a final determination by the local income maintenance unit, medical assistance unit or an appropriate designee.

(d) Upon receiving notice from the local income maintenance unit, medical assistance unit or an appropriate designee that there has been a finding of good cause for refusal to cooperate, the local child support enforcement unit shall not undertake to establish parentage or obtain child support unless such notice of finding includes a determination, as provided in section 369.2(b)(10) or 360-3.2(f)(7) of this Title, that the child support enforcement unit may proceed without the applicant's or recipient's cooperation.

(e) Upon receiving notice from the local income maintenance unit, medical assistance unit or an appropriate designee that there has been a finding of good cause for refusal to cooperate, the local child support enforcement unit may review and comment on such findings.

(f) The local child support enforcement unit shall undertake to establish parentage and obtain support, without involving the caretaker relative, if the local income maintenance unit, medical assistance unit or an appropriate designee determines, as provided in section 369.2(b)(10) or 360-3.2(f)(7) of this Title, that good cause for refusal to cooperate exists, but that child support enforcement may proceed without the participation of the caretaker relative.

(g) Upon receiving notice from the local income maintenance unit, medical assistance unit or an appropriate designee that good cause for refusal to cooperate does not exist, the local child support enforcement unit shall initiate parentage and support order establishment efforts and all support enforcement activities, as appropriate.

(h) The local child support enforcement unit may participate in any hearing that results from an applicant's or recipient's appeal of a determination made pursuant to subdivision (a), (b), (f) or (g) of this section.

(i) In the case of an applicant for or recipient of public assistance who indicates the presence of domestic violence, the local child support enforcement worker must refer the individual to a domestic violence liaison for screening and assessment pursuant to section 351.2(l) of this Title. With respect to the children of the alleged batterer, the local child support enforcement unit shall not undertake to locate the noncustodial parent, alleged parent, or intended parent, establish parentage or establish, modify or enforce an order of support while the applicant or recipient is undergoing domestic violence screening or assessment.

(j) Upon receiving notice from the local income maintenance unit or an appropriate designee that a full or partial waiver of child support cooperation requirements has been granted on the basis of domestic violence, the local child support enforcement unit, to the extent required by such waiver, shall not undertake to locate the noncustodial parent, alleged parent, or intended parent, establish parentage or establish, modify or enforce an order of support with respect to the children of the batterer while such waiver is in effect.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 347.5

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