Title SOS, Social Services

§ 1. Short title. This chapter shall be known as the social services\nlaw.\n

§ 101. Liability of relatives to support. 1. Except as otherwise\nprovided by law, the spouse or parent of a recipient of public\nassistance or care or of a person liable to become in need thereof\nshall, if of sufficient ability, be responsible for the support of such\nperson, …

§ 101-a. Proceedings to compel support by persons in need thereof. A\nrecipient of public assistance or care or a person liable to become in\nneed thereof may bring proceedings in a court of competent jurisdiction\nagainst any person responsible for his or her support as provide…

§ 102. Powers of public welfare officials to bring and defend suits.\nA public welfare official responsible, by or pursuant to any provision\nof this chapter, for the administration of the public assistance or care\ngranted or applied for is empowered to bring proceedings in a c…

§ 103. Seizure of property of persons liable for support. The\nresponsible public welfare official may apply to a court having\njurisdiction in actions involving an amount equal to the value of\nproperty to be seized for a warrant to seize the real or personal estate\nof a perso…

§ 104. Recovery from a person discovered to have property. 1. A public\nwelfare official may bring action or proceeding against a person\ndiscovered to have real or personal property, or against the estate or\nthe executors, administrators and successors in interest of a person …

§ 104-a. Transfer of property for the purpose of qualifying for\nassistance; presumption. For the purposes of the provisions of this\nchapter disqualifying a person from eligibility for a category of public\nassistance or care by reason of his voluntary transfer of property, a\n…

§ 104-b. Liens for public assistance and care on claims and suits for\npersonal injuries. 1. If a recipient of public assistance and care shall\nhave a right of action, suit, claim, counterclaim or demand against\nanother on account of any personal injuries suffered by such reci…

§ 105. Claim on insurance. If a person, who has received public\nassistance or care, shall die leaving insurance, and the estate of the\nassured is named as beneficiary, or no beneficiary is named, the social\nservices official shall be entitled to a preferred claim to be paid o…

§ 106-a. Exemption from payment of fees for instruments affecting\nreal or personal property; exemption of mortgages from mortgage\nrecording tax. Any inconsistent provision of law notwithstanding, a\nsocial services official shall not be required to pay any fee to any\nclerk, r…

§ 106-b. Adjustment for incorrect payments. Any inconsistent\nprovision of law notwithstanding, a social services official shall, in\naccordance with the regulations of the department and consistent with\nfederal law and regulations, take all necessary steps to correct any\nover…

§ 106-c. Crediting of overpayment of tax to obligation of public\nassistance recipients. 1. The commissioner shall enter into an agreement\nwith the commissioner of taxation and finance which shall set forth the\nprocedures for the crediting of overpayments of tax owed to an\nin…

§ 107. Disposal of seized property and penalties collected. All\nproperties seized and penalties collected shall be administered in\naccordance with the direction of the court having jurisdiction. After\nthe expenses approved by the court have been paid the balance shall be\nuse…

§ 108. Appointment of guardians for minors; notice of accounting. If\nthe beneficiary of such seized property or penalty which is collected\nshall be a minor who is not in the custody of a parent and for whom no\nguardian has been appointed, the court having jurisdiction over th…

§ 109. Trust funds to be established. A public welfare official\nshall deposit any funds received from the seizure of property or\ncollection of penalties for the support of a living person. Such fund\nshall, as provided in section eighty-seven, be held and used upon such\nterms…

§ 11. Commissioner of social services. The chief executive and\nadministrative officer of the department shall be the commissioner of\nsocial services, who shall be appointed by the governor with the advice\nand consent of the senate.\n

§ 110-a. Special provisions for legal services to enforce support to\nrecover costs of public assistance and care and to establish paternity.\n1. Any inconsistent provision of law notwithstanding, the appropriating\nbody of a social services district may authorize and make provi…

§ 110-b. Recovery from a person discovered to have property; notice.\nNotwithstanding any law, rule or regulation to the contrary, an\napplicant for public assistance shall be fully informed in writing that\nhe or she may be liable to reimburse the state for public assistance\nb…

§ 111. Functions of the department. To assist welfare departments to\ncarry out their responsibilities, powers and duties to enforce the\nliability of persons for the support of certain of their dependents who\nare applicants for or recipients of public assistance or care or who…

§ 111-a. Federal aid; state plan. 1. The department is hereby\ndesignated as the single state agency to supervise the administration of\nthe state's child support program provided for by this title, and a\nsingle organizational unit shall be established within the department\nfo…

§ 111-b. Functions, powers and duties of the department. 1. The single\norganizational unit within the department shall be responsible for the\nsupervision of the activities of state and local officials relating to\nestablishment of paternity of children born out-of-wedlock, loc…

§ 111-c. Functions, powers and duties of social services officials.\n1. Each social services district shall establish a single organizational\nunit which shall be responsible for such district's activities in\nassisting the state in the location of absent parents, establishment …

§ 111-d. State reimbursement. 1. The provisions of section one\nhundred fifty-three of this chapter shall be applicable to expenditures\nby social services districts for activities related to the establishment\nof paternity of children born out-of-wedlock, the location of desert…

§ 111-e. Reimbursement to the state. 1. A share of any support\npayments collected by the social services official, less any amount\ndisbursed to the family receiving family assistance, shall, subject to\nsection one hundred eleven-f, be paid to the state as reimbursement\ntowar…

§ 111-f. Federal incentives. The department is authorized to\ndistribute to local districts the full amount of federal incentive\npayments received under title IV-D of the federal social security act.\n

§ 111-g. Availability of paternity and support services. 1. The office\nof temporary and disability assistance and the social services\ndistricts, in accordance with the regulations of the office of temporary\nand disability assistance, shall make services relating to the\nestab…

§ 111-h. Support collection unit. 1. Each social services district\nshall establish a support collection unit in accordance with regulations\nof the department to collect, account for and disburse funds paid\npursuant to any order of child support or child and spousal support\ni…

§ 111-i. Child support standards. 1. Each social services district\nshall ascertain the ability of an absent parent to support or contribute\nto the support of his or her children, in accordance with the statewide\nchild support standards as set forth in subdivision one of secti…

§ 111-j. Interception of unemployment insurance benefits. 1. (a) The\ndepartment shall determine on a periodic basis whether any individual\nreceiving unemployment insurance benefits pursuant to article eighteen\nof the state's labor law owes child support obligations which are …

§ 111-k. Procedures relating to acknowledgments of parentage,\nagreements to support, and genetic tests. 1. A social services official\nor his or her designated representative who confers with a potential\nrespondent or respondent, hereinafter referred to in this section as the\…

§ 111-m. Agreement relating to information obtained by the state\ndirectory of new hires. The department, through the commissioner, shall\nenter into the agreement provided for in section one hundred\nseventy-one-h of the tax law, and shall take such other actions as may\nbe nec…

§ 111-n. Review and cost of living adjustment of support orders. 1.\nOrders subject to review. In accordance with the timeframes set forth in\nsubdivision three of this section, the support collection unit shall\nconduct a review for adjustment purposes of:\n (a) all orders of s…

§ 111-o. Data matches with financial institutions. The department or\na social services district, through the commissioner, is authorized to\nenter into agreements with financial institutions as provided for in\nsubdivision two of section four of the banking law and subsection (…

§ 111-p. Authority to issue subpoenas. The department or the child\nsupport enforcement unit coordinator or support collection unit\nsupervisor of a social services district, or his or her designee, or\nanother state's child support enforcement agency governed by title IV-D\nof …

§ 111-q. Voiding of fraudulent transfers of income or property. The\ndepartment or a social services district, or its authorized\nrepresentative, after obtaining information that a debtor has\ntransferred income, property or other assets to avoid payment to a child\nsupport cred…

§ 111-r. Requirement to respond to requests for information. All\nemployers, as defined in section one hundred eleven-m of this article\n(including for-profit, not-for-profit and governmental employers), are\nrequired to provide information promptly on the employment, compensati…

§ 111-s. Access to information contained in government and private\nrecords. 1. For the purpose of establishing paternity, or\nestablishing, modifying or enforcing an order of support, the department\nor a social services district or its authorized representative, and\nchild sup…

§ 111-t. Authority to secure assets. The department or a social\nservices district or its authorized representative, or another state's\nchild support enforcement agency governed by title IV-D of the social\nsecurity act, for the purpose of collecting overdue support, shall be\n…

§ 111-u. Liens. 1. The office of temporary and disability assistance,\nor a social services district, or its authorized representative shall\nhave a lien against real and personal property owned by a support\nobligor when such support obligor is or was under a court order to pay…

§ 111-v. Confidentiality, integrity, and security of information. 1.\nThe department, in consultation with appropriate agencies including but\nnot limited to the New York state office for the prevention of domestic\nviolence, shall by regulation prescribe and implement safeguard…

§ 111-y. Spousal support; crediting of overpayments of tax to past-due\nsupport. 1. The department shall provide services for the crediting of\noverpayments of tax to past-due support, pursuant to section one hundred\nseventy-one-c of the tax law, which is owed to any current or…

§ 111-z. Spousal and child support; crediting of overpayments of tax\nto past-due support. 1. The department shall provide services for the\ncrediting of overpayments of tax to past-due support, pursuant to\nsection one hundred seventy-one-c of the tax law, which is owed to\nper…

§ 112. Local personnel training. Each public welfare district shall\nmake provision, with the assistance and cooperation of the department,\nfor suitable training of employees of its welfare department. Such\nprovision shall include such of the following as the department may\na…

§ 113. Participation in research and demonstration projects. Public\nwelfare districts are authorized to sponsor, conduct and participate in\nthe operation of such research and demonstration projects as the\ndepartment may approve, for the purpose of reducing dependency and\neli…

§ 114. Special state reimbursement. Any inconsistent provision of\nsections one hundred fifty-three, two hundred fifty-seven or other\nprovisions of this chapter notwithstanding, expenditures made by public\nwelfare districts for salaries of qualified training directors pursuant…

§ 115. Training and utilization of volunteers. Subject to the\napproval of the department, public welfare districts are authorized to\nsponsor and conduct programs for the recruitment, training and\nutilization of volunteers to assist welfare district employees in the\nperforman…

§ 116. Chief executive officers of local welfare departments;\nqualifications; appointment and removal; term. 1. Any inconsistent\nprovision of law, notwithstanding, the position of the chief executive\nofficer of a county or city social services department, whether referred\nto…

§ 117. State residence. 1. Any person who shall reside in the state\ncontinuously for one year under the conditions hereinafter specified\nshall be deemed to have state residence. State residence so acquired\nshall continue until such person shall have removed from the state and…

§ 118. Qualification on residence. The continuous residence required\nto acquire state residence or to establish liability for payment for\nhospital or other institutional care shall not include any period during\nwhich the person was (a) a patient in a hospital, or\n (b) an inc…

§ 118-c. Family court cases; state charges. In the event a child who\nis residing on any Native American reservation within the state is\ncommitted or placed by a court of competent jurisdiction as a\ndelinquent, abused, neglected, or abandoned child, or person in need of\nsuper…