PRIOR PRINTER'S NO. 2569 PRINTER'S NO. 2791
No. 2032 Session of 1979
INTRODUCED BY MESSRS. RYAN, ZORD, MRS. TAYLOR, MESSRS. GRUPPO,
BURD, PETERSON, POTT, MRS. ARTY, MESSRS. GLADECK, KLINGAMAN,
PYLES, JONES, GIAMMARCO, PUCCIARELLI, BROWN AND BORSKI,
NOVEMBER 29, 1979
AS REPORTED FROM COMMITTEE ON HEALTH AND WELFARE, HOUSE OF
REPRESENTATIVES, AS AMENDED, JANUARY 30, 1980
AN ACT
1 Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An
2 act to consolidate, editorially revise, and codify the public
3 welfare laws of the Commonwealth," further providing for the
4 obtaining of child support payments for recipients whose
5 eligibility for assistance is based on the absence of a
6 parent from the home.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Sections 432.6(a) and 432.7(a)(4) and (b), act of
10 June 13, 1967 (P.L.31, No.21), known as the "Public Welfare
11 Code," added July 15, 1976 (P.L.993, No.202), are amended to
12 read:
13 Section 432.6. Support From Legally Responsible Relatives.--
14 (a) Every applicant for assistance whose eligibility is based
15 on deprivation due to absence of a parent from a home shall be
16 referred within ten days for interview to the [designated
17 support official of the department who shall be stationed in
18 local welfare offices, unless such offices have too few
1 applicants to warrant permanent stationing] domestic relations
2 section or other applicable division of the court of common
3 pleas. The department shall be responsible for taking all steps
4 necessary to identify, locate, and obtain support payments from
5 absent parents.
6 * * *
7 Section 432.7. Determination of Paternity and Enforcement of
8 Support Obligations.--In accordance with a child support plan
9 approved by the Federal Government, the department shall have
10 the power and its duty shall be to:
11 (a) Require as a condition of eligibility for assistance
12 that the applicant or recipient:
13 * * *
14 (4) Cooperate in obtaining support payments for such
15 applicant or recipient and for a child with respect to whom such
16 aid is claimed or in obtaining any other payment or property due
17 such applicant, recipient or such child, except when such
18 cooperation would not be in the best interest of the child in
19 accordance with standards developed by the department consistent
20 with Federal regulations. "Cooperation" includes, but is not
21 limited to, the keeping of scheduled appointments with
22 applicable offices and appearing as a witness in court or at
23 other hearings or proceedings necessary to obtain support from
24 the absent parent.
25 (b) Provide for protective payments [for any child eligible
26 for assistance when a caretaker relative is ineligible due to
27 the caretaker relative's failure to comply with either clause
28 (2), (3) or (4) of subsection (a)] as set forth in section
29 432.7A.
30 * * *
19790H2032B2791 - 2 -
1 Section 2. The act is amended by adding a section to read:
2 Section 432.7A. Protective Payments Imposed for Failure to
3 Cooperate.--(a) It is essential to the effective and
4 responsible utilization of assistance funds that applicants and
5 recipients who are caretaker relatives of a child whose
6 eligibility for assistance is based on deprivation due to
7 absence of a parent from a home cooperate fully with the
8 department in securing child support payments from the absent
9 parent and in all other matters set forth in subsection (a) of
10 section 432.7.
11 (b) (1) Upon application for assistance, each caretaker
12 relative shall be notified that his or her cooperation in the
13 matters set forth in subsection (a) of section 432.7 shall be
14 required as a condition of eligibility and that failure to
15 cooperate will result in the imposition of protective payments
16 for any child in whose behalf the caretaker relative seeks
17 assistance.
18 (2) If a caretaker relative fails to cooperate with the
19 department as set forth in subsection (a) of section 432.7,
20 unless the failure to cooperate was for good cause, the
21 department shall notify the caretaker relative verbally and in
22 writing that cooperation shall be required as a condition for
23 continuing eligibility and shall further inform the caretaker
24 relative that if he or she fails to cooperate protective
25 payments will be imposed.
26 (3) If the caretaker relative fails to cooperate, unless the
27 failure to cooperate was for good cause, the department shall
28 notify the caretaker relative in writing that protective
29 payments will be imposed for any child so affected ten days
30 after the date of notice. At the expiration of the ten-day
19790H2032B2791 - 3 -
1 period, the department shall impose protective payments.
2 Section 3. Section SECTIONS 432.9(B) AND 432.11(a) of the <--
3 act, added July 15, 1976 (P.L.993, No.202), is ARE amended to <--
4 read:
5 SECTION 432.9. CENTRAL REGISTRY.--* * * <--
6 (B) TO EFFECTUATE THE PURPOSES OF THIS SECTION, THE
7 DEPARTMENT MAY REQUEST AND SHALL RECEIVE FROM ALL DEPARTMENTS,
8 BUREAUS, BOARDS OR OTHER AGENCIES OF THIS COMMONWEALTH, OR ANY
9 OF ITS POLITICAL SUBDIVISIONS, AND THE SAME ARE AUTHORIZED TO
10 PROVIDE, SUCH ASSISTANCE AND DATA [EXCEPT TAX RECORDS] AS WILL
11 ENABLE THE DEPARTMENT AND OTHER PUBLIC AGENCIES TO CARRY OUT
12 THEIR DUTIES TO LOCATE ABSENT PARENTS FOR THE SUPPORT OF THEIR
13 CHILDREN. THE DATA TO BE PROVIDED FROM TAX RECORDS SHALL BE
14 LIMITED, TO FULL NAME, RESIDENCE OR ADDRESS, NAME AND ADDRESS OF
15 EMPLOYER AND THE SOCIAL SECURITY ACCOUNT NUMBER OF THE ABSENT
16 PARENT. THE DEPARTMENT SHALL UTILIZE THE "PARENT LOCATOR
17 SERVICE" PURSUANT TO ESTABLISHMENT IN THE DEPARTMENT OF HEALTH,
18 EDUCATION AND WELFARE BY FILING IN ACCORDANCE WITH SECTION
19 653(B) OF THE SOCIAL SECURITY ACT.
20 * * *
21 Section 432.11. Access to State Records.--(a) The secretary
22 or his designees in writing shall have access to all records
23 [other than tax records], and the department, in cooperation
24 with all other departments of the executive branch, shall
25 establish a single uniform system of information clearance and
26 retrieval. INFORMATION COLLECTED AS A RESULT OF THE USE OF TAX <--
27 RECORDS SHALL BE LIMITED TO FULL NAME, RESIDENCE OR ADDRESS,
28 NAME AND ADDRESS OF EMPLOYER AND THE SOCIAL SECURITY ACCOUNT
29 NUMBER OF THE ABSENT PARENT.
30 * * *
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1 Section 4. This act shall take effect in 60 days.
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