N.Y. Comp. Codes R. & Regs. tit. 9 § 354.8

Current through Register Vol. 46, No. 50, December 11, 2024

Section 354.8 - Procedures for child support and paternity referral services at intake

(a) Probation intake shall provide for and render child support and establishment of paternity referral services pursuant to section 256(6)(a) of the Executive Law and, except as provided in subdivision (d) of this section, shall make an immediate referral of a potential petitioner to the child support enforcement unit of a local department of social services where:

(1) such potential petitioner is applying for or receiving aid to dependent children assistance, as defined by the State Department of Social Services, where the eligibility for such assistance is in question; or

(2) where such potential petitioner is not eligible for such assistance but does appear to be eligible for services rendered by such child support enforcement unit and wishes to utilize such services.

(b) Upon a determination that a referral should be made, probation intake shall make all such referrals in accordance with referral guidelines that may be adopted by the State Director of Probation and Correctional Alternatives from time to time.

(c) A record of each case in which a potential petitioner is rendered child support or paternity referral services shall, at the minimum, be maintained in a referral log.

(d) Notwithstanding the previous subdivisions, the case shall be referred for petition immediately whenever the potential petitioner insists upon access to the court.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 354.8