PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Repeal of sections 347.2 and 347.13; addition of section 300.13 and new sections 347.2 and 347.13; amendment of sections 346.2, 347.12, 347.17, 347.25, 352.15, 352.22, 352.31 and 369.1 of Title 18 NYCRR.
Statutory authority:
Social Services Law, sections 17(a)-(b), (i), 20(2)-(3), 34, 111-a, 111-c(2)(a), (d), 131-a(8)(a)(v), 158(5)-(6)(i), 348(2)-(3); Federal Social Security Act, sections 408(a)(3), 457; title 45 of the Code of Federal Regulations, sections 302.32, 302.50-302.52, 303.72; Federal Deficit Reduction Act of 2005 (P.L. 109-171)
Subject:
Child Support Program.
Purpose:
Amend regulatory requirements concerning the distribution and disbursement of child support collections.
Summary of final rule:
This is a general summary of the proposed rule text concerning the distribution and disbursement of support collections. The full rule text is posted at the following State website: www.otda.ny.gov
A new section 18 NYCRR § 300.13 would be added reflecting the requirements of 18 NYCRR § 347.25. Both sections address desk reviews of the distribution and disbursement of support collections.
The amendment to 18 NYCRR § 346.2 would update a cross-reference to 18 NYCRR § 347.17. Both of these sections concern support services for individuals who are not eligible for public assistance and care or foster care.
The current section 18 NYCRR § 347.2 would be repealed, and a new section § 347.2 would be added to provide definitions for 18 NYCRR Part 347. The new definitions would conform to federal requirements and provide consistency throughout Part 347.
The amendments to 18 NYCRR § 347.12 would address reporting support collections for public assistance, medical assistance-only and foster care cases. These amendments are needed, in part, to reflect references to the revised 18 NYCRR § 347.13.
The following sections of 18 NYCRR would be added or amended to provide consistency with Title IV-D of the federal Social Security Act and with State options provided by the Deficit Reduction Act of 2005: § 347.13 addressing the distribution and disbursement of support collections; § 352.15 addressing support payments; § 352.22 addressing noncountable income and resources; § 352.31 addressing estimates of need and application of income; and § 369.1 addressing applications for or receipt of public assistance as an assignment to the State and the social services districts of rights to support.
The amendments to 18 NYCRR § 347.17 would update a cross-reference and provide guidance for the support collection units whenever an individual in receipt of services becomes ineligible for public assistance and care or the individual’s child is ineligible for foster care. The amendments address notice requirements and the continuation of services.
The amendments to 18 NYCRR § 347.25 would update the regulations regarding the desk review of the distribution and disbursement of support collections. The desk review process is an accounting of the distribution and disbursement of support collections made on behalf of a current or former recipient of public assistance who is or was receiving child support enforcement services.
Final rule as compared with last published rule:
Nonsubstantive changes were made in section 347.17(a)(2) and (f)(1).
Text of rule and any required statements and analyses may be obtained from:
Richard P. Rhodes, Jr., New York State Office of Temporary and Disability Assistance, 40 North Pearl Street 16-C, Albany, NY 12243-0001, (518) 486-7503, email: richard.rhodesjr@otda.ny.gov
Revised Regulatory Impact Statement
Changes made to the published rule do not necessitate revision of the previously published RIS. The caption of 18 NYCRR § 347.17 was modified by adding the following underlined clarifying language: “Child support services available to individuals not otherwise eligible and to individuals who become ineligible for public assistance and care or whose children are ineligible for foster care.” Paragraph (2) of subdivision (a) of 18 NYCRR § 347.17 was modified by adding the following underlined clarifying language:
(a) All child support services under this Part and Part 346 of this Title must be made available to any individual not otherwise eligible upon receipt of either (1) a signed application on a form prescribed by the Office and filed by such individual with a child support enforcement unit or support collection unit, or (2) an application made to a court, as set forth in section 346.2 of this Title, and to individuals who become ineligible for public assistance and care or whose children are ineligible for foster care.
In the new paragraph 18 NYCRR § 347.17(f)(1), the following underlined clarifying language was added to the text of the regulatory amendments, which requires the support collection unit to:
provide written notice to the individual, within 5 business days of the support collection unit’s receipt of notification from the social services district that the individual is ineligible for public assistance and care or the individual’s child is ineligible for foster care, that child support services will be continued unless the support collection unit receives a request by the individual to discontinue child support services.
These revisions were made in response to public comments and merely clarify that it is the support collection unit’s receipt of notice from the social services district of a child’s ineligibility for foster care - not the ineligibility for foster care of an adult individual responsible for support - that triggers the five business day notice requirement on the part of the support collection unit. The published RIS referenced 18 NYCRR § 347.17 generally, but did not specifically reference the paragraphs so revised. Consequently, a revised RIS is unnecessary.
Revised Regulatory Flexibility Analysis
Changes made to the published rule do not necessitate revision of the previously published RFASB&G The caption of 18 NYCRR § 347.17 was modified by adding the following underlined clarifying language: “Child support services available to individuals not otherwise eligible and to individuals who become ineligible for public assistance and care or whose children are ineligible for foster care.” Paragraph (2) of subdivision (a) of 18 NYCRR § 347.17 was modified by adding the following underlined clarifying language:
(a) All child support services under this Part and Part 346 of this Title must be made available to any individual not otherwise eligible upon receipt of either (1) a signed application on a form prescribed by the Office and filed by such individual with a child support enforcement unit or support collection unit, or (2) an application made to a court, as set forth in section 346.2 of this Title, and to individuals who become ineligible for public assistance and care or whose children are ineligible for foster care.
In the new paragraph 18 NYCRR § 347.17(f)(1), the following underlined clarifying language was added to the text of the regulatory amendments, which requires the support collection unit to:
provide written notice to the individual, within 5 business days of the support collection unit’s receipt of notification from the social services district that the individual is ineligible for public assistance and care or the individual’s child is ineligible for foster care, that child support services will be continued unless the support collection unit receives a request by the individual to discontinue child support services.
These revisions were made in response to public comments and merely clarify that it is the support collection unit’s receipt of notice from the social services district of a child’s ineligibility for foster care - not the ineligibility for foster care of an adult individual responsible for support - that triggers the five business day notice requirement on the part of the support collection unit. The original text of 18 NYCRR § 347.17 was not referenced in the previously published RFASB&G, and the revisions would not impact upon small businesses and local governments. Consequently, a revised RFASB&G is unnecessary.
Revised Rural Area Flexibility Analysis
Changes made to the published rule do not necessitate revision of the previously published RAFA. The caption of 18 NYCRR § 347.17 was modified by adding the following underlined clarifying language: “Child support services available to individuals not otherwise eligible and to individuals who become ineligible for public assistance and care or whose children are ineligible for foster care.” Paragraph (2) of subdivision (a) of 18 NYCRR § 347.17 was modified by adding the following underlined clarifying language:
(a) All child support services under this Part and Part 346 of this Title must be made available to any individual not otherwise eligible upon receipt of either (1) a signed application on a form prescribed by the Office and filed by such individual with a child support enforcement unit or support collection unit, or (2) an application made to a court, as set forth in section 346.2 of this Title, and to individuals who become ineligible for public assistance and care or whose children are ineligible for foster care.
In the new paragraph 18 NYCRR § 347.17(f)(1), the following underlined clarifying language was added to the text of the regulatory amendments, which requires the support collection unit:
to provide written notice to the individual, within 5 business days of the support collection unit’s receipt of notification from the social services district that the individual is ineligible for public assistance and care or the individual’s child is ineligible for foster care, that child support services will be continued unless the support collection unit receives a request by the individual to discontinue child support services.
These revisions were made in response to public comments and merely clarify that it is the support collection unit’s receipt of notice from the social services district of a child’s ineligibility for foster care - not the ineligibility for foster care of an adult individual responsible for support - that triggers the five business day notice requirement on the part of the support collection unit. The original text of 18 NYCRR § 347.17 was not referenced in the previously published RAFA, and the revisions would not impact upon the 44 rural area social services districts in the State. Consequently, a revised RAFA is unnecessary.
Revised Job Impact Statement
Changes made to the published rule do not necessitate revision of the previously published JIS. The caption of 18 NYCRR § 347.17 was modified by adding the following underlined clarifying language: “Child support services available to individuals not otherwise eligible and to individuals who become ineligible for public assistance and care or whose children are ineligible for foster care.” Paragraph (2) of subdivision (a) of 18 NYCRR § 347.17 was modified by adding the following underlined clarifying language:
(a) All child support services under this Part and Part 346 of this Title must be made available to any individual not otherwise eligible upon receipt of either (1) a signed application on a form prescribed by the Office and filed by such individual with a child support enforcement unit or support collection unit, or (2) an application made to a court, as set forth in section 346.2 of this Title, and to individuals who become ineligible for public assistance and care or whose children are ineligible for foster care.
In the new paragraph 18 NYCRR § 347.17(f)(1), the following underlined language was added to the text of the regulatory amendments, which requires the support collection unit to:
provide written notice to the individual, within 5 business days of the support collection unit’s receipt of notification from the social services district that the individual is ineligible for public assistance and care or the individual’s child is ineligible for foster care, that child support services will be continued unless the support collection unit receives a request by the individual to discontinue child support services.
These revisions were made in response to public comments and merely clarify that it is the support collection unit’s receipt of notice from the social services district of a child’s ineligibility for foster care - not the ineligibility for foster care of an adult individual responsible for support - that triggers the five business day notice requirement on the part of the support collection unit. The original text of 18 NYCRR § 347.17 was not referenced in the previously published JIS, and the revisions would not impact upon jobs and employment opportunities in the State. Consequently, a revised JIS is unnecessary.
Initial Review of Rule
As a rule that requires a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2019, which is no later than the 3rd year after the year in which this rule is being adopted.
Assessment of Public Comment
The Office of Temporary and Disability Assistance (OTDA) received two comments relative to the regulatory amendments. These comments have been reviewed and duly considered in this Assessment of Public Comments.
One comment suggested that the proposed regulatory text in 18 NYCRR § 347.13(f)(5) and (6), regarding the treatment of amounts of support collections disbursed to a social services district in excess of the amount required to reimburse foster care maintenance payments, be revised to read “to the social services district with care and custody or guardianship and custody of the child.” The text of the regulatory amendments - which reads “to the social services district responsible for supervising the child’s placement and care” - is based upon federal regulatory language found in 45 Code of Federal Regulations § 302.52(b)(4) addressing the distribution of support in foster care cases. Insofar as the text of the regulatory amendments is consistent with the federal regulations for distribution of child support and is not likely to cause confusion concerning the legal authority in foster care cases, OTDA maintains that such a revision is unnecessary.
One comment suggested revising 18 NYCRR § 347.17(f)(1) to clarify that it would be the support collection unit’s receipt from the social services district of notice of a child’s ineligibility for foster care - not the ineligibility for foster care of an adult individual responsible for support - that triggers the five business day notice requirement on the part of the support collection unit. OTDA agrees with this comment, and added clarifying language to 18 NYCRR § 347.17’s caption and to § 347.17(a)(2) and § 347.17 (f)(1) to resolve any potential ambiguity.
