New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 347 - Establishment of Parentage and Enforcement of Child Support › Section 347.3 - Local district child support enforcement unit

Current through Register Vol. 46, No. 28, July 10, 2024
(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.