Section 111-C. Functions, powers and duties of social services officials

1. Each social services district shall establish a single organizational
  unit which shall  be  responsible  for  such  district's  activities  in
  assisting  the state in the location of absent parents, establishment of
  paternity and enforcement and collection of support in  accordance  with
  the regulations of the department.
    2. Each social services district shall:
    a.  obtain  assignments  to  the state and to such district of support
  rights of each applicant for or recipient of public assistance  required
  to execute such an assignment as a condition of receiving assistance;
    b.  report  to  the  state  all  recipients  of public assistance with
  respect to whom a parent has been reported absent from the household;
    c. obtain information regarding the income  and  resources  of  absent
  parents  whose  whereabouts  are  known,  and  shall  have access to the
  statement  of  net  worth  filed  pursuant  to  section   four   hundred
  twenty-four-a  of  the  family court act and supporting documentation in
  any case where support collection services are being provided as may  be
  necessary  to  ascertain  their  ability to support or contribute to the
  support of their dependents;
    * d. enforce support obligations owed to the state and to  the  social
  services  district  pursuant  to  subdivision two of section one hundred
  eleven-b of this  title;  and  disburse  amounts  collected  as  support
  payments  in  accordance  with  the  provisions  of this chapter and the
  regulations of the department, including the disbursement to the  family
  in  receipt  of public assistance of up to the first one hundred dollars
  collected as current support;
    * NB Effective until January 1, 2010
    * d. enforce support obligations owed to the state and to  the  social
  services  district  pursuant  to  subdivision two of section one hundred
  eleven-b of this  title;  and  disburse  amounts  collected  as  support
  payments  in  accordance  with  the  provisions  of this chapter and the
  regulations of the department, including the disbursement to the  family
  in  receipt  of public assistance of up to the first one hundred dollars
  for one child, and up to the first two hundred dollars for two  or  more
  children, collected as current support;
    * NB Effective January 1, 2010
    e.   make  periodic  reports  and  perform  such  other  functions  in
  accordance with the regulations of the department as may be necessary to
  assure compliance with federal child support program requirements.
    f. confer with a potential respondent, respondent or other  interested
  person in a proceeding under article four, five, five-A or five-B of the
  family  court  act  in  an  attempt to obtain support payments from such
  potential respondent or respondent;
    g. obtain from respondent, when appropriate and in accordance with the
  procedures established by section one hundred eleven-k of this  chapter,
  an  acknowledgement  of  paternity  or  an  agreement  to  make  support
  payments, or both;
    h. report periodically to consumer reporting agencies (as  defined  in
  section  603(f)  of  the  Fair Credit Reporting Act (15 U.S.C. 1681a(f))
  information regarding past-due support owed by the parent owing support.
  Such information must be made  available  whenever  a  parent  who  owes
  past-due  support,  and  shall  indicate  the name of the parent and the
  amount of the delinquency. However, such information shall not  be  made
  available  to (i) a consumer reporting agency that the office determines
  does not have sufficient capability to systematically  and  timely  make
  accurate  use  of  such  information,  or  (ii)  an  entity that has not
  furnished evidence satisfactory to the  office  that  the  entity  is  a
  consumer  reporting  agency. In determining whether a consumer reporting

  agency lacks sufficient capability to  systematically  and  timely  make
  accurate  use of such information, the office may require such agency to
  demonstrate its ability to comply with the provisions of  section  three
  hundred  eighty-j of the general business law and any other requirements
  the office may prescribe by regulation. A social services  official,  at
  least  ten  days prior to making the information available to a consumer
  reporting agency, must provide notice to the parent who owes the support
  informing such parent of the proposed release of the information to  the
  consumer  reporting  agency and informing such parent of the opportunity
  to be heard and the methods available for contesting the accuracy of the
  information.
    3. Notwithstanding the foregoing, the social services  official  shall
  not   be   required  to  establish  the  paternity  of  any  child  born
  out-of-wedlock, or to secure support for any child, with respect to whom
  such official has determined that such actions would be  detrimental  to
  the  best  interests  of  the  child,  in accordance with procedures and
  criteria established by regulations of the  department  consistent  with
  federal law.
    4.  a.  A  social  services  district  represents the interests of the
  district in performing its functions and  duties  as  provided  in  this
  title  and  not  the interests of any party. The interests of a district
  shall include, but are  not  limited  to,  establishing  paternity,  and
  establishing, modifying and enforcing child support orders.
    b.  Notwithstanding any other provision of law, the provision of child
  support services pursuant to this title does not constitute  nor  create
  an   attorney-client   relationship  between  the  individual  receiving
  services and any attorney representing or appearing for the district.  A
  social   services  district  shall  provide  notice  to  any  individual
  requesting or receiving  services  that  the  attorney  representing  or
  appearing  for  the  district does not represent the individual and that
  the individual has a right to retain his or her own legal counsel.
    c. A social services district may appear in any  action  to  establish
  paternity,  or to establish, modify, or enforce an order of support when
  an individual is receiving services under this title.