Lawyers Manual - Unified Court System

288 Amy E. Schwartz and Sharon Stapel
V, or S Visa). Questions on M.K.B. and all other relief associated with the
lawsuit, which was still pending at the time of publication, should be
addressed to Sarah Borsody, New York Legal Assistance Group, Fax:
(212) 750-0820, Telephone: (212) 613-5090, E-mail: sborsody@nylag.org.
67. 18 NYCRR § 415.2(a).
68. 18 NYCRR § 415.2(b).
69. See generally 18 NYCRR § 415.4.
70. For an in-depth treatment of the issues associated with county-specific child
care subsidy administration, see Empire Justice Center,
http://www.empirejustice.org/MasterFile/IssueAreas/ChildCare/Overview.htm
(last visited June 19, 2006).
71. 18 NYCRR § 415.3; 18 NYCRR § 415.4; 18 NYCRR § 415.8.
72. 18 NYCRR § 415.8(a).
73. See 05-OCFS-ADM0-03 (May 20, 2005). The recent changes to the child
care subsidy program are extensive and advocates should familiarize
themselves with this recent policy directive. Provisions relating to good
cause for domestic violence are outlined at 51-56.
74. 18 NYCRR § 415.11.
75 “Good cause” exists where the pursuit of support would adversely affect the
health, safety or welfare of the child or of other persons in the household,
such as the child’s parent. This is a ‘best interests” determination. See
generally 18 NYCRR § 369.2 and 05-OCFS-ADM-03, at 52-53.
76. 05-OCFS-ADM-03, at 52.
77. Id at 54.
78. Id at 53.
79. Id.
80. Social Services Law § 348; This applies to Medicaid only cases; see 99
ADM-5 (July 1, 1999).
81. 18 NYCRR § 347.5; 03 ADM-5 (June 19, 2003); This Administrative
Directive specifically addresses the issue of child support and the FVO and
contains a thorough discussion of the required actions for DVLs, TA
workers, as well as CSE workers when the TA case is either open or closed.
82. Id.
83. See generally 18 NYCRR § 369.2.