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