NY Soc Serv L § 111-C (2021)
2021 New York Laws SOS - Social Services Article 3 - Local Public Welfare Organization; Powers and Duties Title 6-A - Establishment of Paternity and Enforcement of Support 111-C - Functions, Powers and Duties of Social Services Officials.

§  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   parentage 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   for one child, and up to the first two hundred dollars for two  or  more   children, collected as current support;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  parentage  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  parentage  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 parentage, 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   parentage, or to establish, modify, or enforce an order of support  when   an individual is receiving services under this title.