New York Social Services Code § 132-A

Children born out of wedlock; special provisions
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§ 132-a. Children born out of wedlock; special provisions.  1. When an\ninvestigation is required by section one hundred thirty-two and other\nprovisions of this chapter for the purpose of determining the\neligibility for public assistance and care of an applicant pregnant with\nor who is the mother of an out of wedlock child such investigation shall\ninclude diligent inquiry into the paternity of such child.\n  2. Except when the surrender of the child to the social services\nofficial for the purpose of adoption is under consideration in\naccordance with the provisions of section one hundred thirty-two, and\nexcept when the child has been surrendered to the social services\nofficial for the purpose of adoption, the social services official shall\ncommunicate with and require support from any person liable by law to\ncontribute to the support of such applicant or her child.\n  3. In appropriate cases, such applicant shall be required to file a\npetition in the family court instituting proceedings to determine the\npaternity of her child, and she shall be required to assist and\ncooperate in establishing such paternity. However, such a petition shall\nnot be required to be filed if the child has been surrendered to the\nsocial services official for adoption or if such surrender is under\nconsideration in accordance with the provisions of section one hundred\nthirty-two.\n  4. In any case where the social services official has decided, in\naccordance with the provisions of section one hundred thirty-two, not to\nconduct an investigation, a written report of such decision and the\nbasis therefor shall be made in duplicate to the department, upon forms\nprescribed by the department, within thirty days after the making\nthereof.\n

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