New York Codes, Rules and Regulations
Title 18 - DEPARTMENT OF SOCIAL SERVICES
Chapter II - Regulations of the Department of Social Services
Subchapter C - Social Services
Article 2 - Family and Children's Services
Part 422 - Parental Support of Children Receiving Foster Care
Section 422.4 - Referral prohibitions
Universal Citation: 18 NY Comp Codes Rules and Regs ยง 422.4
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Social services districts are prohibited from making referrals of approved applications for foster care maintenance payments to the child support enforcement unit of the social services district under the following circumstances:
(1) if the appropriate social
services official determines that such referral will adversely affect the
health, safety or welfare of the child on whose behalf such payments are to be
made or other persons in the child's household or will adversely affect the
length of the child's placement or impair the ability of the child to return
home when discharged from foster care;
(2) when a surrender of a child born
out-of-wedlock has been accepted by the appropriate social services official
from the mother or father of such child, the parent surrendering the child must
not be referred to the child support enforcement unit of the social services
district; and
(3) in the case of a
non-adopting spouse, when a non-adopting spouse is living separate and apart
from an adopting spouse pursuant to a written agreement of separation or when a
non-adopting spouse has been living separate and apart from an adopting spouse
for at least three years prior to the adopting spouse's commencing an adoption
proceeding.
(b) A determination not to make a referral pursuant to subdivision (a) of this section and the reason therefor must be documented in the uniform case record.
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