Section 349-B. Deserted, abandoned and out-of-wedlock children; special provisions  


Latest version.
  • 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.